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.
Slide 4
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 Armys implementation -
AR 25-55
Slide 5
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
Slide 6
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.
Slide 7
Exclusions authorize agencies to deny the records exist
Criminal investigations records Confidential informant records, and
specified records compiled by the FBI
Slide 8
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
Slide 9
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.
Slide 10
Minimize 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 activities Requires advisement. Requires timely,
relevant, reasonably accurate, and complete information. Access and
Amendment. Opportunity to access and amend own records.
Slide 11
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.
Slide 12
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.
Slide 13
The Law is on your side Dont be afraid to act Think about FOIA
and PA when making records Protect health records Confront
contractors Exam Remedial Provisions
