Ct. 775, 780-82 (Cl. Below is the full text of the Freedom of Information Act in a form showing all amendments to the statute made by the “FOIA Improvement Act of 2016." Reg. 12-04922, 2013 WL 5695813, at *3 (N.D. Cal. Within your paper be sure to include the following: An overview of your state’s public information disclosure act An explanation of the at least three differences in the […] EDCV 94-0148, slip op. July 14, 1999) (recognizing relevancy of subsection (b)(11) to court’s resolution of dispute over motion to compel responses to production of documents subject to Privacy Act, but ordering in-camera review of documents so that legitimacy of agency objections may be determined “in the considered and cautious manner contemplated by the Privacy Act”); Gary v. United States, No. Jan. 25, 2002); cf. 1989) (“For purposes of determining the scope of OPM’s routine use notice . (2) The Council shall be comprised of the following members: (A) The Deputy Director for Management of the Office of Management and Budget. (Q) the number of records that were made available for public inspection in an electronic format under subsection (a)(2). Sept. 23, 2010); Drennon-Gala v. Holder, No. Va. July 24, 2000), aff’d in part, rev’d in part & remanded, on other grounds sub nom. Cal. 2004) (finding that plaintiffs failed to “prove, by a preponderance of the evidence, that IHS disclosed protected information” where plaintiffs did not “have personal knowledge that [the memorandum was disclosed]” and witnesses at trial denied disclosing or receiving memorandum); Meldrum v. USPS, No. Compare Bruce v. United States, 621 F.2d 914, 916 (8th Cir. 2d 99, 106 n.7 (D.D.C. Gen. Supply Ctr., 423 F. Supp. Such report shall also include a description of the efforts undertaken by the Department of Justice to encourage agency compliance with this section. . 92-2358, 1994 WL 47743, at *3-4 (4th Cir. Review costs shall include only the direct costs incurred during the initial examination of a document for the purposes of determining whether the documents must be disclosed under this section and for the purposes of withholding any portions exempt from disclosure under this section. Relation to State laws § 6808. § 552a(b)(6) - National Archives, 7. Oct. 25, 2004) (concluding that “disclosure [by DOD investigator hired by EPA] of the plaintiff’s records concerning drug testing schedules and test results to AUSA . 3d 280, 318 (D.C. Cir. Whoever, being an officer or employee of the United States or of any department or agency thereof, any person acting on behalf of the Federal Housing Finance Agency, or agent of the Department of Justice as defined in the Antitrust Civil Process Act (15 U.S.C. 95-9489, 108 F.3d 343 (11th Cir. . Brunotte v. Johnson, 892 F. Supp. 00-3355, 2007 WL 2295402, at *2 (E.D.N.Y. June 27, 2007) (ordering that subsection (b)(11) of Privacy Act allowed disclosure of materials containing “sensitive personal information” as long as they were designated as confidential pursuant to “Master Protective Order”); Boudreaux v. United States, No. 7:11-96, 2012 WL 38608, at *2-4 (E.D. 150-12-7 - §150-12-7 - Rules, Regulations and Requirements Related to Intrastate Railroad Transportation Contracts. at 146-47. Sept. 25, 2000). 22,802-03 (May 29, 1985) (permitting disclosure to “federal regulatory agencies with investigative units” is overbroad because it “does not provide adequate notice to individuals as to what information concerning them will be released and the purposes of such release); cf. 2003) (“The Privacy Act prohibits more than dissemination of records themselves, but also ‘nonconsensual disclosure of any information that has been retrieved from a protected record’” (quoting Bartel v. FAA, 725 F.2d at 1408)); Boyd v. United States, 932 F. Supp. The fourth edition of this well-respected work offers comprehensive and practical advice on the access, disclosure and retention of government records under UK, EU and ECHR requirements. . (1) to those officers and employees of the agency which maintains the record who have a need for the record in the performance of their duties.”  5 U.S.C. § 552a(b)(5) - Statistical Research, 6. Agencies may affirmatively disclose Privacy Act-protected records during litigation, so long as the disclosure is made in accordance with the Privacy Act’s disclosure provision. gives rise only to a metaphysical doubt as to the existence of a genuine issue of material fact.”); Brown v. Snow, 94 F. App’x 369, 372 (7th Cir. An agency’s construction of its routine use should be entitled to deference. Taylor v. Orr, No. 548, which is classified principally to chapter 34 (§ 1311 et seq.) Mar. Share sensitive information only on official, secure websites. Study of information sharing among financial affiliates disclosure is one of the purposes for which the organisation got the information. The D.C. . Id. 2004) (citing Bartel, and noting that defendant agency conceded that it “had no FOIA request in hand”). for Freedom of the Press, 489 U.S 749, 762-71 (1989), which held that a privacy interest can exist, under the FOIA, in publicly available – but “practically obscure” – information, such as a criminal history record. . 97-1592, 1999 WL 499911, at *1-2 (E.D. § 552a(b)(3) - Routine Uses” and “5 U.S.C. Patient's revocation of authorization for disclosure. 2006) (applying routine use exception to disclosure to criminal defendant, against whom plaintiff was to testify, of prior ruling that plaintiff was not credible); Pippinger v. Rubin, 129 F.3d 519, 531-32 (10th Cir. (E)(i) Each agency shall promulgate regulations, pursuant to notice and receipt of public comment, providing for expedited processing of requests for records—, (I) in cases in which the person requesting the records demonstrates a compelling need; and. § 1983 for alleged violations of the U.S. Housing Act “outweighs any privacy interests, especially in light of the Protective Order and other steps, such as redaction, that can be taken to reduce privacy concerns”); Gutierrez v. Benavides, 292 F.R.D. 2004) (ruling that district court grant of summary judgment was proper where no evidence was found that record was disclosed, and stating that “burden is on the plaintiff at the summary judgment stage to come forward with specific evidence”); Lennon v. Rubin, 166 F.3d 6, 10-11 (1st Cir. For further discussions of disclosures during litigation, see “Conditions of Disclosure to Third Parties,” subsections “5 U.S.C. Co., 812 F. Supp. at 1123 n.10; see also Barry v. DOJ, 63 F. Supp. at 28,954, https://www.justice.gov/paoverview_omb-75; cf. or other benefit” did not permit intra-agency disclosure of plaintiff’s performance evaluation in connection with plaintiff’s detail request); Shearson v. DHS, No. at 32 n.7 (noting that EEO counselor to whom disclosure was made “was employed by a contractor, rather than directly by the agency [and] . 2017); Mazaleski v. Truesdale, 562 F.2d 701, 713 n.31 (D.C. Cir. See Hudson v. Reno, 130 F.3d 1193, 1206-07 (6th Cir. No fee may be charged by any agency under this section—, (I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or. at 736-37. Many, but not all, courts have held that a disclosure does not occur if the disclosure is to a person who was already aware of the information. These compatible use disclosures to law enforcement agencies have been criticized on the ground that they circumvent the more restrictive requirements of subsection (b)(7). Cal. of Info. 117CV00533DADGSAPC, 2020 WL 1263562, at *8 (E.D. (vii) In any action by a requester regarding the waiver of fees under this section, the court shall determine the matter de novo: Provided, That the court's review of the matter shall be limited to the record before the agency. . For records created on or after November 1, 1996, within one year after such date, each agency shall make such records available, including by computer telecommunications or, if computer telecommunications means have not been established by the agency, by other electronic means. App. Ala. May 13, 2011) (citing Laxalt in determining relevance of personnel files); Bosaw v. NTEU, 887 F. Supp. The same consumer protection laws that apply to commercial activities in other media apply online. The FTC Act's prohibition on unfair or deceptive acts or practicesÓ encompasses Internet advertisements, marketing & sales. The Adoption Information Disclosure Act, formally An Act respecting the disclosure of information and records to adopted persons and birth parents, also known as Bill 183, is an Ontario (Canada) law regarding the disclosure of information between parties involved in adoptions.. 1995), the district court, recognizing the “defendants’ initial reluctance to respond to plaintiffs’ [discovery] requests without a specific order of court [as] a reasonable precaution in light of the terms of the Privacy Act,” solved the dilemma by ordering the Army to respond to “all properly framed discovery requests in th[e] proceeding” and that to deem responses “made pursuant to an order of court.”  Id. and defendant properly reviewed and released responsive records under the FOIA.”). Taylor, No. § 3167; Aug. 27, 1894, ch. Baldrige v. Shapiro, 455 U.S. 345, 360-62 (1982) (finding that Census Act confidentiality provisions create a privilege against disclosure of raw census data in discovery because they “embody explicit congressional intent to preclude all disclosure”). 2d 55, 59 (D.D.C. The Privacy Act never prohibits a disclosure that the Freedom of Information Act actually requires. 3d 901, 912 (N.D. Ill. 2014) (deferring to, and finding reasonable, agencies’ interpretation and application of Enhanced Border Security Act because Court found statute ambiguous as to what it required FBI to do upon receiving plaintiff’s fingerprints, thus finding publication requirement of FBI’s routine use exception to have been met); Radack v. DOJ, 402 F. Supp. Cal. . . Ill. Aug. 19, 2010); R.T. Vanderbilt Co. v. United States, No. . 2d at 42, the District Court found that the Privacy Act was not violated where the Navy disclosed information to the media about plaintiff’s nonjudicial punishment, because the information was “releasable” under the FOIA, and the Navy had asserted that it “traditionally releases information that would be releasable under the FOIA to the press without a formal FOIA request,” and was able to point to a Navy regulation to that effect. . The courts also have determined that disclosure to other parties in litigation constitutes a compatible routine use. 1995) (“Even if release of the data . Reg. at 1210-17 (finding state court lacked jurisdiction to order federal officers to produce documents because government did not explicitly waive its sovereign immunity and, because federal court’s jurisdiction in this case was derivative of state court’s jurisdiction, federal court was likewise barred from ordering officers to produce documents); Sharon Lease Oil Co. v. FERC, 691 F. Supp. Note also, though, that the Bartel decision left open the possibility that certain types of information “traditionally released by an agency to the public” might properly be disclosed even in the absence of an actual FOIA request. 1997) (discussing disclosure of plaintiff’s performance evaluation to individual who typed it originally, for retyping), abrogated on other grounds by Pollard v. E.I. 40 Fed. (1) Any information to which a request for information 5:06–HC–2212, 2011 WL 7665381, at *1 (E.D.N.C. 1199, 1206-07 (M.D. Oct. 26, 1987) (discussing disclosure of medical and personnel records to contractor/psychiatrist for purpose of assisting him in performing “fitness for duty” examination), aff’d, 866 F.2d 432 (7th Cir. protected from disclosure by any of the nine exemptions or three exclusions of the FOIA. conviction . July 22, 2015); Ala. & Gulf Coast Ry., LLC v. United States, No. at 28,955, https://www.justice.gov/paoverview_omb-75. c) Balancing Need for Information and Potential Harm. 1991) (unpublished table decision); Kimberlin v. DOJ, 605 F. Supp. 24, 2005) (discussing disclosure of agency employee’s transfer request to AUSA, who had represented agency in prior discrimination suit brought by employee against agency, so that AUSA “could attempt to settle the pending litigation with [the employee]”); Fattahi v. ATF, 186 F. Supp. 1, 8-9 (D.D.C. Read more about the Public Information Act. Jan. 7, 1985), aff’d per curiam, 813 F.2d 1236 (D.C. Cir. 9, 2004) (finding plaintiff’s argument that Privacy Act violation occurred when INS, then component of DOJ, released documents to DOJ prosecutor to be without merit); Walker v. Ashcroft, No. § 552a(b)(11).”  83 F. App’x at 639; see also Moore v. USPS, 609 F. Supp. But cf. Further, a disclosure under the Privacy Act “may be either the transfer of a record or the granting of access to a record.”  OMB 1975 Guidelines, 40 Fed. 2d 13, 26-28 (D.D.C. Section 22. Feb. 28, 1995) (balancing under Reporters Comm. The court’s “review of the Privacy Act’s purposes, legislative history, and integrated structure convince[d it] that Congress intended the term ‘disclose’ to apply in virtually all instances to an agency’s unauthorized transmission of a protected record, regardless of the recipient’s prior familiarity with it.”  Id. . . (G) In the event of noncompliance with the order of the court, the district court may punish for contempt the responsible employee, and in the case of a uniformed service, the responsible member. or related medical benefits for low-income people” and concluding that SSA’s disclosure of child abuse suspect’s “precise medical diagnosis to [California Child Protective Services] . This is sometimes described as a presumption or assumption in favour of disclosure. 1992) (holding that “[t]o define disclosure so narrowly as to exclude information that is readily accessible to the public would render superfluous the detailed statutory scheme of twelve exceptions to the prohibition on disclosure”); see also Gowan v. Air Force, 148 F.3d 1182, 1193 (10th Cir. The suspect brought a subsection (b)/(g)(1)(D) claim against the agency, and the agency argued that the court should recognize a new exception because “[t]he public interest in detecting and eradicating child abuse is so strong that under California state law, malicious acts or acts taken without probable cause by investigators such as [the Child Protective Services employee] are immunized.”  Id. 2002—Pub. Circuit held that even under the narrow Hollis interpretation of “disclose,” the agency would not be entitled to summary judgment because it had “failed to adduce sufficient evidence that [the recipient of the record] remembered and could reconstruct the document’s material contents in detail at the time he received it.”  73 F.3d at 1124-26. 2011) (citing Bartel, 725 F.2d at 1408); Chang v. Navy, 314 F. Supp. (5) Nothing in this Act shall limit the requirement imposed under this Act or any other written law on a public entity or a private body to disclose information. May 6, 1998); Forrest, 1996 WL 171539, at *2; Ford Motor Co., 825 F. Supp. FOIA Exemptions National Security: FOIA exemption (1) covers records which are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order. Disclosure by health care provider. 1997) (determining that SSA’s regulations “generally do not authorize the release of . This (b)(11) court order exception – like the subsection (b)(3) routine use exception – has generated a great deal of uncertainty due to its lack of guidance on what constitutes an “order of a court” and a “court of competent jurisdiction.”  Unfortunately, neither the Act’s legislative history nor the OMB 1975 Guidelines shed light on either of these meanings or illuminate whether there are specific requirements one must meet to rely on this exception. 1987) (unpublished table decision); Owens v. MSPB, No. . (k) The Chief FOIA Officer of each agency shall, subject to the authority of the head of the agency—. 14CV5764, 2015 WL 6758094, at *4 (S.D.N.Y. Indeed, courts routinely have upheld disclosures made pursuant to such routine uses. June 28, 2000) (following Covert but finding that agency had provided notice of routine use on form used to collect information), aff’g No. Section consolidates section 176b of title 15, U.S.C., 1940 ed., Commerce and Trade; section 216 of title 18, U.S.C., 1940 ed., and section 1335 of title 19, U.S.C., 1940 ed., Customs Duties. 18-cv-00677, 2018 WL 3629818, at *2 (N.D. Cal. Ct. App. at 10-11 (D.D.C. Write a 1-2 page paper comparing your states public information disclosure act to the freedom of information act. See, e.g., Hoffman v. Rubin, 193 F.3d 959, 966 (8th Cir. Sept. 30, 2001) (denying agency summary judgment and ordering discovery to determine whether agency “overstepped [the] explicit restrictions” contained in its routine use); Vargas v. Reno, No. Federal agencies, such as the Equal Employment Opportunity Commission (EEOC), are required to disclose records upon receiving a written request for them, with the exception of records that are protected from disclosure … In this clause, the term ‘a representative of the news media’ means any person or entity that gathers information of potential interest to a segment of the public, uses its editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. denied sub nom. 2003) (agreeing with district court “that ATF’s routine use must be given ‘a practical reading’ such that disclosures are in accordance with the routine use when they are ‘reasonably necessary to verify pertinent information, [and] not just [when] verification cannot conceivably be obtained by any other means’”); Mumme v. Labor, 150 F. Supp. See Privacy Commission Report, at 517-18, https://www.justice.gov/paoverview_ppsc. Cal. July 8, 2010); SEC v. Gowrish, No. 2d 850, 870 (N.D. Ohio 2011) (ruling that FBI “dissemination of watchlist information to CBP officers to facilitate their border security responsibilities” fell within published routine use to agencies “engaged in terrorist screening”); Ray v. DHS, No. If you need to print pages from this book, we recommend downloading it as a PDF. at 1121. 938, 942 (E.D. L. 98-620, title IV, Sec. Circuits also require that an agency give actual notice to an individual at the time the information is collected in accordance with the notice requirements of subsection (e)(3)(C). If technically feasible, the amount of the information deleted, and the exemption under which the deletion is made, shall be indicated at the place in the record where such deletion is made. 06-00292, 2006 WL 3422548, *4-7 (D.D.C. Courts have also assessed whether orders should be granted by balancing the potential harm to the affected party from disclosure without restrictions and the need of the requesting party for the particular information. App. 552a(b)(3) - Routine Uses”). Cal. (F) dispute resolution services with the assistance of the Office of Government Information Services or the FOIA Public Liaison. Louisiana v. Sparks, 978 F.2d 226, 235 n.15 (5th Cir. 1978). Mine Safety & Health Review Comm’n, 715 F.3d 631, 650 (7th Cir. 2d 1043, 1073 (D. Nev. 2012) (“While a report to a non-federal employer falls within a routine use, Air Force has failed to respond to [plaintiff’s] argument that OPM did not inform [plaintiff] on the form which OPM used to collect the information, or on a separate form provided to [plaintiff], that [plaintiff’s] federal employer may make unsolicited disclosures to private employers regarding the circumstances surrounding [plaintiff’s] separation from federal employment.”). This book contains: - The complete text of the Disclosure of Records or Information (US Administrative Conference of the United States Regulation) (ACUS) (2018 Edition) - A table of contents with the page number of each section Three of the nine exemptions provide possible protection against the release of critical infrastructure information: exemption 1 (national security information); exemption 3 (information exempted by statute); and exemption 4 (confidential ... Such schedule shall conform to the guidelines which shall be promulgated, pursuant to notice and receipt of public comment, by the Director of the Office of Management and Budget and which shall provide for a uniform schedule of fees for all agencies. Nov. 29, 2011) (“The exceptions allowed in the Privacy Act of 1974 are not applicable here. 2d at 1119-20 (adhering to Covert and finding that SSA notified plaintiff of potential uses “on three occasions when collecting her information,” even though these notifications were non-specific references to the Federal Register); Pontecorvo, No. Cf. 2018) (holding that purpose of collection of plaintiff’s identifying information by State Department and Office of Foreign Assets Control was to investigate whether to designate plaintiff for economic sanctions and implement sanctions, which was “precisely aligned” with purpose of disclosure – to implement sanctions by making information public); Townsend v. United States, 236 F. Supp. 1989); NLRB v. USPS, 841 F.2d 141, 144-45 & n.3 (6th Cir. Newspapers, Inc. v. DOJ, 405 F. Supp. The D.C. 2015) (finding routine use permitted disclosure to law enforcement agency out of concern for safety of SSA employees); Makowski v. United States, 27 F. Supp. Courts generally have found that intra-agency disclosures to employees that do not have a need for the record in the performance of their duties are outside the scope of the “need to know” disclosure exception. (ii) For purposes of this subparagraph, the term "exceptional circumstances" does not include a delay that results from a predictable agency workload of requests under this section, unless the agency demonstrates reasonable progress in reducing its backlog of pending requests. . Prohibits disclosure of such records without the prior, written consent of the individual(s) to whom the records pertain, unless one of the twelve disclosure exceptions enumerated in subsection (b) of the Act applies. Any notification of denial of any request for records under this subsection shall set forth the names and titles or positions of each person responsible for the denial of such request. Reacting to Bartel, OMB issued guidance indicating that records that have “traditionally” been considered to be in the public domain, and those that are required to be disclosed to the public – such as names and office telephone numbers of agency employees – can be released without waiting for an actual FOIA request. See, e.g., Askew v. United States, 680 F.2d 1206, 1209-11 (8th Cir. 1,556, https://www.justice.gov/​paoverview_omb-83-dca. Disclosures to Congress also have been deemed compatible routine uses by the courts. Osborne v. USPS, No. July 10, 2018); Needham & Co., LLC, No. at 773. Holding that the employment/suitability purpose for disclosure was incompatible with the criminal law enforcement purpose for collection, the Third Circuit deemed significant that “[t]here is nothing in the record suggesting that the [Immigration and Naturalization Service] was conducting its own criminal investigation of the same activity or any other activity” by the subject and that the records at issue concerned “merely a preliminary investigation with no inculpatory findings.”  Id. 1987); see also Weahkee v. Norton, 621 F.2d 1080, 1082 (10th Cir. Courts are split over whether a disclosure occurs if the information disclosed is publicly available or was previously published. “No agency shall disclose any record which is contained in a system of records …except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless the disclosure would be—. 2d 304, 318 (E.D.N.Y. Sept. 13, 1982) (evaluating “legitimacy” of discovery requests and “need” for records as factors governing issuance of court order); cf. 381, 383-85 (D.D.C. Jan. 1, 2016); Drennon-Gala v. Holder, No. See also U.S. Dep’t of Justice, Off. 2001) (finding, that where letter was collected by agency due to its initial interest in investigating plaintiff’s allegations of illegal drug activity by local law enforcement agency and was disclosed to that agency’s investigator, whose interest was in investigating possible unlawful, non-drug-related activity by plaintiff himself, such disclosure was not proper pursuant to routine use providing for disclosure to state and local law enforcement because “it is difficult to see how [the] disclosure could be said to have been compatible with the purpose for which the letter was collected”), aff’d on other grounds, 312 F.3d 563 (2002), cert.
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