Government Information Practices

Freedom of Information ActGeneral 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.

INTRODUCTION2All persons have a right of access to federal agency records,Unless the records are specifically protected from disclosure by one of the nine exemptions, orThree exclusions contained in the Act. Army records are subject to FOIA. The Armys implementation - AR 25-55 THE FREEDOM OF INFORMATION ACT General Background

3Three 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

Access to Army Records4Exemptions

Nine exemptionsClassified 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. 5Exclusions authorize agencies to deny the records existCriminal investigations recordsConfidential informant records, and specified records compiled by the FBIExclusions

6Request must be in writing, Express a willingness to pay fees Invoke FOIA, andProper 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.Rules for Processing FOIA Requests

FOIARequest7Few 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.THE PRIVACY ACT - 5 U.S.C. 552a.General Background.

8Minimize the intrusiveness:Public systems notices Limits collection Collecting from the subject of the record.Imposes a restriction on collecting information about a persons First Amendment activitiesRequires advisement.Requires timely, relevant, reasonably accurate, and complete information.Access and Amendment. Opportunity to access and amend own records.Sound Information Practices

9Prohibits 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 interestAgainst 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. Release of Personal Information to Third Parties 10Criminal 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.Remedial Provisions

11The Law is on your sideDont be afraid to actThink about FOIA and PA when making recordsProtect health recordsConfront contractorsExamRemedial ProvisionsCONCLUSION

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Questions?

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