Government Information Practices

1. Government Information Practices

2. INTRODUCTION • Freedom of Information Act • General Background. • Access to Army Records. • Exemptions. • Exclusions. • Procedural Rules for Processing FOIA Requests for Army Records. • THE PRIVACY ACT • General Background. • Sound Information Practices. • Access and Amendment. • Exemptions. • Release of Personal Information to Third Parties. • Remedial Provisions.

3. THE FREEDOM OF INFORMATION ACT General Background • All persons have a right of access to federal agency records, • Unless the records are specifically protected from disclosure by one of the nine exemptions, or • Three exclusions contained in the Act. • Army records are subject to FOIA. • The Army’s implementation - AR 25-55

4. Access to Army Records • Three access requirements • Federal Register • Indexed and made available for public inspection and copying • Made available to a person upon request, unless protected by a statutory exemption or exclusion. • Applies only to agency records • Does not apply to personal notes

5. Exemptions • Nine exemptions • Classified Records. • Internal Personnel Rules and Practices. • Other Federal Withholding Statutes. • Trade Secrets and Confidential Commercial or Financial Information. • Internal Agency Memoranda and Other Privileged Communications. • Personal Privacy. • Records or Information Compiled for Law Enforcement.

6. Exclusions • Exclusions authorize agencies to deny the records exist • Criminal investigations records • Confidential informant records, and specified records compiled by the FBI

7. Rules for Processing FOIA Requests • Request must be in writing, • Express a willingness to pay fees • Invoke FOIA, and • Proper custodian of the record. (Note: if not directed to proper custodian, government should refer the request to the proper agency.) • No denial authority. • Time sensitive. • Administrative appeal. FOIA Request

8. THE PRIVACY ACT - 5 U.S.C. § 552a.General Background. • Few restrictions on the collection, maintenance, and use of personal information. • Remedy abusive information practices. • AR 340-21 (5 Jul 85). • Access and amendment rights to the subject of the record. • Narrower than FOIA. • Exemptions.

9. Sound Information Practices • Minimize the intrusiveness: • Public systems notices • Limits collection • Collecting from the subject of the record. • Imposes a restriction on collecting information about a person’s First Amendment activities • Requires advisement. • Requires timely, relevant, reasonably accurate, and complete information. • Access and Amendment. • Opportunity to access and amend own records.

10. Release of Personal Information to Third Parties • Prohibits disclosure to third parties. • Twelve statutory exceptions. • Disclosure within DOD to those with a need to know. • The Privacy Act will not prevent commanders from doing their duties. • Disclosure required by FOIA. • Not a “clearly unwarranted invasion of personal privacy (FOIA exemption 6 and 7(C)) balancing.” • Balancing of the public interest • Against the protection of personal privacy. • Disclosure for routine uses. • Congressional inquiry, provided the inquiry was initiated by the subject of the record. • Disclosure based on the written request by the head of a civilian law enforcement agency. • Disclosure pursuant to a court order.

11. Remedial Provisions • Criminal and civil penalties. • Criminal prosecution if they willingly, knowingly, or intentionally violate the provisions of the Privacy Act. • The Army is subject to civil penalties. • Civil penalties are paid by the agency, criminal fines are paid by the individually named federal employee.

12. CONCLUSION • The Law is on your side • Don’t be afraid to act • Think about FOIA and PA when making records • Protect health records • Confront contractors • Exam… • Remedial Provisions

13. Questions?