Questions and Answers on the Freedom of Information Act and the Privacy Act

GSA Office of Citizen Services and Communications Federal Citizen Information Center Your Right To Federal Records

November 2009 Table of Contents Table of Contents

Introduction...... i

The Freedom of Information Act What the Freedom of Information Act is and How to Use it...... 1

The Privacy Act What the Privacy Act is and How to Use it...... 10

A Comparison of the Freedom of Information Act and the Privacy Act Relationship Between the Two Laws and Decid- ing Which to Use...... 16

Other Sources of Information...... 18 Introduction Introduction

he Freedom of Information Act (FOIA), enacted in 1966, generally provides that Tany person has the right to request ac- c e s s t o federal agency records or information. Federal agencies are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by any of the nine exemptions or three exclusions of the FOIA. This right of access is en- forceable in court.

he FOIA also requires about the activities of that Tthat certain information agency. The primary source be made available to the pub- of FOIA-related information lic on agency FOIA web sites on the internet is the Justice on the internet. Agencies Department’s FOIA web site also routinely post a wide va- (www.usdoj.gov/foia), which riety of documents on their contains a wealth of FOIA web sites to inform the public reference materials and links i to the FOIA web sites of oth- It uses a question-and-an- er federal agencies. swer format to present information about these laws in he Privacy Act of 1974 a clear, simple manner. The is another federal law brochure is not intended to Tregarding federal gov- be a comprehensive analysis ernment records or informa- of the complex issues asso- tion about individuals. The ciated with the FOIA and the Privacy Act establishes cer- Privacy Act. tain controls over how executive branch agencies of the The questions answered here federal government gather, are those frequently asked maintain, and disseminate by persons who contact the personal information. Federal Citizen Information Center (FCIC) of the U.S. Gen- The Privacy Act can also eral Services Administration be used to obtain access to for information on the FOIA information, but it pertains and the Privacy Act. The an- only to records that federal swers were compiled by the agencies maintain about in- FCIC, along with the Justice dividual U.S. citizens and Department— the agency lawfully admitted permanent responsible for coordinat- resident aliens. The FOIA, on ing the administration of the the other hand, covers virtu- FOIA and encouraging agen- ally all records in the posses- cy compliance with it. The sion and control of federal Office of Management and executive branch agencies. Budget (OMB), which has This brochure provides basic a similar responsibility for guidance about the FOIA and the Privacy Act, reviewed the Privacy Act to assist peo- the answers to questions ple in exercising their rights. on that law. ii The Freedom of Information Act

What information is The three exclusions, which are available under the FOIA? rarely used, pertain to especially sensitive law enforcement and na- he Freedom of Information tional security matters. Act (FOIA) provides public Taccess to all federal agency The FOIA does not apply to Con- records except for those records gress, the courts, or the central (or portions of those records) that offices of the White House, nor are protected from disclosure by does it apply to records in the any of nine exemptions or three custody of state or local govern- exclusions (reasons for which an ments. However, all state govern- agency may withhold records from ments have their own FOIA-type a requester). statutes. You may request details about a state’s records access law The exemptions cover: by writing to the office of the attorney general of that state. 1. classified national defense and foreign relations information, The FOIA does not require a state 2. internal agency rules and or local government or a private or- practices, ganization or business to release 3. information that is prohibited any information directly to the pub- from disclosure by another law, lic, whether it has been submitted 4. trade secrets and other confi- to the federal government or not. dential business information, However, information submitted to 5. inter-agency or intra-agency the federal government by such or- communications that are pro- ganizations or companies may be tected by legal privileges, available through a FOIA request 6. information involving matters if it is not protected by a FOIA ex- of personal privacy, emption, such as the one cover- 7. certain information compiled ing trade secrets and confidential for law enforcement purposes, business information. 8. information relating to the su- pervision of financial institu- Under the FOIA, you may request tions, and and generally receive by mail a 9. geological information on copy of any record that is in an wells. agency’s files that is not protected

1 The Freedom of Information Act

from disclosure by one of the ex- for further information pertaining emptions or exclusions. For exam- to the Privacy Act). In such cases, ple, suppose you have heard that records may be withheld from you a certain toy has been recalled as only if exempt from release under a safety hazard and you want to both laws (see page 13 for a Sam- know the details. The Consumer ple Privacy Act Request Letter). Product Safety Commission could help you by providing copies of the When you make a FOIA request, recall documents. Perhaps you you must describe the records that want to read the latest inspection you seek as clearly and specifically report on conditions at a nursing as possible and comply with the home certified for Medicare. Your agency’s regulations for making re- local Social Security office keeps quests. If the agency cannot iden- such records on file. In each of tify and locate records that you these examples, you could use the have requested with a reasonable FOIA to request information from amount of effort, it will not be able the appropriate federal agency. to assist you. All federal agencies strive to handle all FOIA requests in a customer-friend- ly fashion, in accordance with the FOIA. For example, for requests that will require more than 10 days for the agency to process, the FOIA If the records you seek are requires agencies to assign about yourself, you may request a tracking number to your them under both the FOIA and request. Each agency must provide a telephone num- the Privacy Act of 1974. ber or web site by which a requester can use the assigned tracking number to obtain information about the If the records you seek are about status of a pending request. Fur- yourself, you may request them ther, each agency is required to pro- under both the FOIA and the Pri- vide a Public Liaison to assist in the vacy Act of 1974 (see pages 10 - 15 resolution of disputes between the

2 requester and the agency. Howev- Whom do I contact in the er, the FOIA does not require agen- federal government with cies to do research for you, analyze my request? How do I get data, answer written questions, or the right address? in any other way create records in order to respond to your request. There is no single office of the federal government that handles all Can I find agency records FOIA requests. Each FOIA request on the internet? must be made to the particular agency that has the records that Yes, and it can be very useful to look you seek. For example, if you want at the information that an agency to know about an investigation of makes available on the internet motor vehicle defects, write to the before making a FOIA request. Department of Transportation. Agencies place a wide variety of If you want information about a information on their web sites that work-related accident at a nearby is very useful to the general public manufacturing plant, write to the and that describes their various Department of Labor (at its office programs and activities. Addition- in the region where the accident ally, the FOIA requires that agen- occurred). Most of the larger fed- cies make certain records avail- eral agencies have several FOIA able on the internet. For example, offices. Some have one for each you will find certain agency opin- major bureau or component; oth- ions, staff manuals, policy state- ers have one for each region of ments, and records frequently re- the country. quested under the FOIA that were created by the agency after Nov. 1, You may have to do a little research 1996. You can find links to the FOIA to find the proper agency office to sites of federal agencies on the in- handle your FOIA request, but you ternet by going to the Justice De- will save time in the long run if you partment’s web site at www.usdoj. send your request directly to the gov/foia (click on “Other Federal most appropriate office. For assis- Agencies’ FOIA web sites”). tance, you can contact the Federal Citizen Information Center (FCIC) of the U.S. General Services

3 The Freedom of Information Act

Administration. The FCIC is spe- and on the internet at www.gpoac- cially prepared to help you find the cess.gov/cfr/. Also, agencies have right agency, office, and address. placed their FOIA regulations on See page 18, “Other Sources of In- their FOIA sites on the internet. formation,” for information on how to contact the FCIC. On the inter- How do I request informa- net, you can find addresses of the tion under the FOIA? FOIA offices of federal agencies by going to the Justice Department’s In order to make a FOIA request, FOIA web site at www.usdoj.gov/ simply write a letter to the appro- foia (click on “Principal FOIA Con- priate agency. For the quickest tacts at Federal Agencies”). possible handling, mark both your

The U.S. Government Man- ual, the official handbook of the federal government, may also be useful. It describes the programs within each federal agency and lists FOIA requesters are not the names of top personnel and agency addresses. The required to state the reasons Manual is available at most why they are making their public libraries and can be requests. purchased from the Superin- tendent of Documents (See page 18, “Other Sources of Information,” for ordering instruc- letter and the envelope “Freedom tions). In addition, each agency of Information Act Request.” You publishes FOIA regulations in the should identify the records that Code of Federal Regulations (CFR) you seek as specifically as pos- that contain the mailing addresses sible in order to increase the likeli- of its FOIA offices. (For example, hood that the agency will be able the Justice Department’s FOIA to locate them. Any facts that regulations can be found in Volume you can furnish about the time, 28 of the CFR, Part 16.) The CFR is place, authors, events, subjects, available at most public libraries and other details of the records

4 will be helpful to the agency in paper form, and you would like deciding where to search for the them in an electronic format, the records that you seek. Please agency is obligated to provide the note that some agencies will allow records in that electronic format you to make your request by fax, only if it can do so with a reason- e-mail, or other electronic means. able amount of effort. The same is You should consult with the par- true if you request that electronic ticular agency to which your re- records be provided to you in an quest will be directed for further electronic format in which they do information. not already exist.

As a general rule, FOIA requesters What is the cost for getting are not required to state the rea- records under the FOIA? sons why they are making their requests. You may do so if you think The FOIA permits agencies to it might help the agency to locate charge fees to FOIA requesters. the records. If you are not sure For noncommercial requesters, an whether the records you seek are agency may charge only for the ac- exempt from disclosure, you may tual cost of searching for records request them anyway. Agencies and the cost of making copies. often have the legal discretion to Search fees usually range from disclose information even if it falls about $15 to $40 per hour, depend- within a FOIA exemption. ing upon the salary levels of the personnel needed for the search, May I request records in a although such fees may vary con- specific format? siderably by agency. The charge for copying documents can be as Yes, but the records may not be little as ten cents or less per page available in the requested format. at some agencies, but may be con- If you request records that already siderably more at other agencies. exist in an electronic format, the FOIA requires agencies in almost For noncommercial requests, all cases to provide these records agencies will not charge for the to you in that same format, if that first two hours of search time or is what you prefer. However, if you for the first 100 pages of document request records that exist only in

5 Sample Freedom of Information Act Request Letter

A sample FOIA request letter is shown below. Keep a copy of your request. You may need to refer to it in further correspondence with the agency.

Date Agency FOIA Officer Name of agency or agency component Address (see discussion on page 3 on whom to contact) Dear ______: Under the Freedom of Information Act, 5 U.S.C. sub- section 552, I am requesting access to [identify the records as clearly and specifically as possible]. If there are any fees for searching for or copying the records, please let me know before you work on my request. [Or, please supply the records with- out informing me of the cost if the fees do not ex- ceed $______which I agree to pay.] If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law. Optional: If you have any questions about handling this request, you may telephone me at ______(home phone) or at ______(office phone). Sincerely, Name Address

6 copying. Agencies also will not disclose all of the information re- charge if the total cost is minimal. quested, and prepare the records for release to you. Agencies may An agency should notify you be- extend this 20-day period for up fore proceeding with a request to 10 more working days, with that will involve substantial fees, written notice to you. Some agen- unless your request letter already cies, particularly law enforcement states your willingness to pay fees agencies, receive large numbers as large as that amount. If fees are of requests, many of which involve charged, you may request a waiver voluminous records or require ex- of those fees if you can show that ceptional care to process. If an the records, when disclosed to agency has a backlog of requests you, will contribute significantly that were received before yours to the public’s understanding of and has assigned a reasonable the operations or activities of portion of its staff to work on the the government. backlog, it is permissible for the agency to handle requests on a How long will it take to an- first-come, first-served basis even swer my request? if the agency is unable to respond to all requests within the statuto- Under the FOIA, federal agencies ry time period. However, the FOIA are generally required to respond does allow an agency to set up pro- to your request within 20 working cessing categories so that simple days of receipt (excluding Satur- requests do not have to wait to be days, Sundays, and federal holi- handled because a more compli- days). If you have not received a cated request was received by the response by the end of that time agency first. (allowing for mailing time), you may contact the agency to ask Is there any way for me about the status of your request. to speed up the response Agencies often need more time time? to find the records, examine them, possibly consult with other agen- If an agency is unable to respond cies or components within the to your request in time, it may ask same agency, decide whether to you to modify your request so that

7 The Freedom of Information Act

you can receive a response more expedited processing. You should quickly. Generally, it takes agen- consult specific agency regula- cies less time to process simple tions for any additional expedited requests involving a small num- processing standards. ber of records. Complex requests involving a greater number of re- Additionally, as noted above, cords can take considerably more each agency must now provide time to process. Therefore, you a telephone number or web site and an agency FOIA Officer may that you can use to obtain infor- want to discuss narrowing the mation about the status of your scope of your request to speed up pending FOIA request. Further, if the response time or to agree on you wish to raise a concern about an alternative time frame for re- the service provided to you by an cord processing. agency’s FOIA office, you may contact a supervisory agency of- Another means of obtaining a ficial known as a “FOIA Public faster response is to ask the agen- Liaison.” Contact information for cy for “expedited processing” of each agency’s FOIA office(s) and your request. However, you should Public Liaison(s) are posted on know that the agency will grant each agency’s FOIA web site. this request only under very specific circumstances. In order to What happens if the agency qualify, you must certify that there denies my request? is an imminent threat to the life or physical safety of an individual or, If the agency locates records in if you are a person primarily en- response to your request, it can gaged in disseminating informa- withhold them (or any portion of tion to the public, you must dem- them) only if they are exempt from onstrate that there is an urgency disclosure under the FOIA or are to inform the public about certain prohibited from release by some federal government activity. An other law. For records that con- agency must decide whether to tain portions of information that grant a request for expedited pro- is withheld, the agency should cessing within 10 calendar days. clearly mark those portions with Agencies may also establish oth- the applicable FOIA exemption(s). er ways for requesters to obtain If an agency denies your request,

8 in whole or in part, it ordinarily the agency’s denial letter. You do must provide an estimate of the not need to enclose copies of any amount of material withheld, state documents released to you. Under the reason(s) for the denial, and the FOIA, the agency has 20 work- inform you of your right to appeal ing days (excluding Saturdays, to a higher decision-making level Sundays, and federal holidays) to within the agency. decide your appeal. Under certain circumstances, agencies may ex- How do I appeal a denial? tend the deadline for responding to your appeal by up to 10 working In order to appeal a denial, days. At some agencies, as with promptly send a letter to the agen- initial requests, some appeals may cy. Most agencies require that take longer to decide. appeals be made within 30 to 60 days after the denial. The denial What can I do if my appeal letter should tell you the office to is denied? which your appeal letter should be addressed. For the quickest pos- If the agency denies your appeal, or sible handling, you should mark does not respond within the statu- both your appeal letter and the tory time period, you may file a law- envelope “Freedom of Information suit. You can file a FOIA lawsuit in Act Appeal.” the U.S. District Court where you live, where you have your principal Simply ask the agency to review place of business, where the docu- your FOIA request and its denial ments are kept, or in the District of decision. It is a good idea also Columbia. In court, the agency will to give your reason(s) for believ- have to prove that any withheld in- ing that the denial was wrong. Be formation is covered by one of the sure to refer to any pertinent com- exemptions or exclusions listed in munications you have had with the FOIA or is prohibited from re- the agency on the request and lease by some other law. If you win include any tracking number the a substantial portion of your case, agency may have assigned to your the court may require the govern- request. It can save time in act- ment to pay your court costs and ing on your appeal if you include reasonable attorney fees. copies of your FOIA request and

9 The Privacy Act

What is the Privacy Act? This law guarantees three primary rights: he federal government compiles a wide range of 1. the right to see records about Tinformation on individuals. oneself, subject to the Privacy For example, if you were ever in the Act’s exemptions; military or employed by a federal 2. the right to amend a nonexempt agency, there should be records record if it is inaccurate, irrel- of your service. If you have ever evant, untimely, or incomplete; applied for a federal benefit or re- and ceived a student loan guaranteed 3. the right to sue the government by the government, you are prob- for violations of the statute, ably the subject of a file. There are such as permitting unauthor- records on every individual who ized individuals to read your has ever paid income taxes or re- records. ceived a check from Social Secu- rity or Medicare. The Privacy Act also provides for certain limitations on agency in- The Privacy Act, passed by Con- formation practices, such as re- gress in 1974, establishes certain quiring that information about an controls over what personal infor- individual be collected from that mation is collected by the federal individual to the greatest extent government and how it is used. practicable; requiring agencies to ensure that their records are accurate, relevant, timely, and complete; and prohib- iting agencies from maintaining informa- There are records on every indi- tion describing how an individual exercises vidual who has ever paid income his or her First Amend- taxes or received a check from ment rights unless the Social Security or Medicare. individual consents to it, a statute permits it, or it is within the scope

10 The Privacy Act

of an authorized law enforcement individual names or other personal investigation. identifiers.

What information can I re- There are nine exemptions to the quest under the Privacy Act? Privacy Act under which an agency can withhold certain kinds of The Privacy Act applies only to information from you. Examples records about individuals main- of exempt records are those contained by agencies in the execu- taining classified information on tive branch of the federal govern- national security and those con- ment. It applies to these records cerning criminal investigations. only if they are in a “system of Another exemption often used by records,” which means they are agencies is that which protects retrieved by an individual’s name, information that would identify a Social Security number, or some confidential source. For example, if other personal identifier. In other an investigator questions a person words, the Privacy Act does not about your qualifications for fed- apply to information about individ- eral employment and that person uals in records that are filed under agrees to answer only if his iden- other subjects, such as organiza- tity is protected, then his name or tions or events, unless the agency any information that would iden- also indexes and retrieves them by

11 The Privacy Act

tify him can be withheld. The nine Whom do I contact in the exemptions are set out in the law. federal government with my request? How do I get If you are interested in more de- the right address? tails, you should read the Privacy Act in its entirety. Though this law As with the FOIA, no one office is too lengthy to publish as part of handles all Privacy Act requests. this brochure, it is readily available. To locate the proper agency to It is printed in the U.S. Code (Sec- handle your request, follow the tion 552a of Title 5), which can be same guidelines as for the Free- found in many public and school li- dom of Information Act. braries. You may also order a copy of the Privacy Act of 1974, Public How do I know if an agency Law 93-579, from the Superinten- has a file on me? dent of Documents (ordering in- structions are on page 21). Also, the If you think a particular agency full text of the Privacy Act is avail- has a file pertaining to you, you able on the Justice Department’s may write to the Privacy Act Of- FOIA site on the internet. Go to the ficer. Agencies are generally required to inform you, upon request, whether or not they have files on you. In addition, agencies are required Agencies are generally required to to report publicly inform you, upon request, whether the existence of or not they have files on you. all systems of records they keep on individuals. The Of- fice of the Federal Register makes Justice Department’s web site at available on the internet a compi- www.usdoj.gov/foia (click on “Ref- lation of each agency’s systems erence Materials,” and scroll down of records notices, including ex- to “Text of the Privacy Act”). emptions, as well as its Privacy

12 The Privacy Act Sample Privacy Act Request Letter

Date Agency FOIA/Privacy Act Officer Name of agency or agency component Address (see discussion on pages 3-4 on whom to contact) Re: Privacy Act Request Dear ______:

Under the Freedom of Information Act, 5 U.S.C. sub- section 552, and the Privacy Act, 5 U.S.C. subsec- tion 552a, I am requesting access to [identify the records as clearly and specifically as possible]. If there are any fees for searching for or copying the records, please let me know before you work on my request. [Or, please supply the records with- out informing me of the cost if the fees do not ex- ceed $______which I agree to pay.] If you deny all or any part of this request, please cite each specific exemption you think justifies your refusal to release the information and notify me of appeal procedures available under the law. Optional: If you have any questions about handling this request, you may telephone me at ______(home phone) or at ______(office phone). Sincerely, Name Address Enclosure (proof of identity)

1313 The Privacy Act

Act regulations. The Privacy Act agency should process your re- Issuances Compilation includes quest or contact you for addition- most systems, is updated every al information. Be advised that two years, and can be found at agencies have varying policies www.gpoaccess.gov/privacyact/ regarding the making of copies of index.html. records and the fees charged.

How do I request informa- A sample Privacy Act request tion under the Privacy Act? letter is available on the previ- ous page. Keep a copy of your Write a letter to the agency that request. You may need to refer to you believe may have a file per- it in further correspondence with taining to you. Address your re- the agency. quest to the agency’s Privacy Act Officer. Be sure to write “Privacy What is the cost for get- Act Request” clearly on both the ting records under the letter and the envelope. Privacy Act?

Most agencies require some proof Under the Privacy Act, an agency of identity before they will allow can charge only for the cost of you access to your records. There- copying records, not for time spent fore, it is a good idea to enclose locating them. proof of identity (such as a copy of your driver’s license) with your full How long will it take to name and address. Do not send answer my request? any original documents. Remem- ber to sign your request for infor- Under the terms of the Privacy Act, mation, since your signature is a the agency is not required to reply form of identification. If an agency to a request within a given period needs more proof of identity be- of time. However, most agencies fore releasing your files, it will let have adopted the FOIA response you know. times. If you do not receive any response within four weeks or Give as much information as pos- so, you might wish to write again, sible as to why you believe the enclosing a copy of your original agency has records about you. The request.

14 The Privacy Act

What if I find that a federal agency has incorrect information about me in its files?

The Privacy Act requires agencies maintaining personal information about individuals to keep accurate, relevant, timely, and complete files. If, after seeing your file, you believe that it contains incorrect information and should be amend- ed, write to the agency official who released the record to you. In- court and have a judge review the clude all pertinent documentation denial of your appeal. for each change you are requesting. The agency will let you know What can I do if I am de- if further proof is needed. The law nied information requested requires an agency to notify you of under the Privacy Act? the receipt of such an amendment request within 10 working days of There is no required procedure for receipt. If your request for amend- Privacy Act appeals, but an agen- ment is granted, the agency will cy should advise you of its own tell you precisely what will be done appeal procedure when it makes to amend the record. You may ap- a denial. Should the agency deny peal any denial. your appeal, you may take the mat- ter to court. If you win your case, Even if an agency denies your ap- you may be awarded court costs peal, you have the right to submit and attorney fees. a statement explaining why you think the record is wrong and the A sample request is shown on agency must attach your state- page 13. Keep a copy of your re- ment to any nonexempt records quest. You may need to refer to it involved. The agency must also in further correspondence with inform you of your right to go to the agency.

15 A Comparison of the Freedom of Information Act and the Privacy Act

What is the relationship and exemptions from its right of between the FOIA and the access. Privacy Act? If the information you seek per- lthough the two laws tains to the activities of a federal were enacted for differ- agency, an organization, or some Aent purposes, there is person other than yourself, you some similarity in their provisions. should make your request under Both the FOIA and the Privacy Act the FOIA, which covers all agency give you the right to request ac- records. If the information you cess to records held by agencies seek is about yourself, you should of the federal government. The also make the request under the FOIA’s access rights are generally Privacy Act, which covers most given to “any person,” but the Privacy Act’s access rights are given only to the individual who is the subject of the records sought (if that individual is a U.S. Both the FOIA and the Privacy Act citizen or a lawfully ad- give you the right to request access mitted permanent resident alien). to records held by agencies of the federal government. The FOIA applies to all federal agency records. The Privacy Act, however, only records of federal agencies that applies to those federal agency pertain to individuals. Sometimes records that contain information you can use the FOIA to obtain re- about individuals, are maintained cords about yourself that are not in in a “system of records,” and a Privacy Act “system of records.” which are retrievable by a name If you are in doubt about which law or personal identifier of the indi- applies or would better suit your vidual. Each law has a somewhat needs, you may refer to both in different set of fees, time limits, your request letter. If you request records about yourself and do

16 not specify a statute, the agency should process the request under both the FOIA and the Privacy Act and withhold requested information from you only if it is exempt under both laws.

Can I request information about other people?

Yes, but such information might be withheld from you to protect their personal privacy. The FOIA contains two very important provisions concerning personal privacy: Exemption 6 and Exemp- tion 7(C). The FOIA’s Exemption 6 permits an agency to withhold information about individuals if disclosing it would be “a clearly unwarranted invasion of personal privacy.” This includes, for example, almost all of the information in medical and financial benefit files and much of the information in personnel files. Exemption 7(C) 6 nor Exemption 7(C) can be used provides even stronger privacy to deny you access to information protection for personal informa- about yourself, only to deny you tion contained in law enforcement information about other persons. records. To decide whether to Additionally, unless disclosure of withhold information under these information about other people is two FOIA privacy exemptions, an required under the FOIA, the Pri- agency must balance personal vacy Act will apply and may pre- privacy interests against any pub- vent disclosure of personally iden- lic interest that would be served tifiable information contained in a by disclosure. Neither Exemption system of records.

17 Other Sources of Information

Federal Citizen at www.usdoj.gov/foia (click on Information Center “Reference Materials,” and scroll down to this publication’s title). he Federal Citizen Infor- mation Center (FCIC) of In addition, the FCIC publishes the Tthe U.S. General Services free Consumer Information Cata- Administration administers a Na- log, which lists more than 200 free tional Contact Center which can and low-cost federal booklets on a help you find information about wide variety of consumer topics. the federal government’s agen- For a free copy of the Catalog, write cies, services, and programs. You to Consumer Information Catalog, may ask the contact center for as- Pueblo, CO 81009, or call toll-free sistance in contacting the proper 1-888-8 PUEBLO (that’s 1-888-878- federal agency with your FOIA or 3256). The Catalog is also avail- Privacy Act request. able through FCIC’s web site at www.pueblo.gsa.gov. Simply call toll-free 1-800-FED- INFO (that’s 1-800-333-4636) from U.S. Government Manual anywhere in the United States. The contact center is open for The U.S. Government Manual is personal assistance from 8 a.m. the official handbook of the fed- to 8 p.m., Eastern time, Monday eral government. Published by the through Friday, except federal National Archives and Records holidays. Recorded information Administration, it describes the on frequently requested subjects programs in each federal agency, is available around the clock. The lists the names of top personnel, contact center also accepts e-mail the mailing address, and a general inquiries. To send an e-mail, go to information telephone number. It www.USA.gov and click on the e- is available in most public librar- mail tab on top. ies or can be purchased from the U.S. Government Printing Office A text version of this publication (GPO). For pricing and ordering is available on the FCIC’s web site information, call toll-free 1-866- at www.pueblo.gsa.gov and the 512-1800 or visit the online U.S. Justice Department’s web site Government Bookstore at http://

18 bookstore.gpo.gov. The text ver- Justice Department’s web site at sion is available on the U.S. Gov- www.usdoj.gov/foia (click on “Ref- ernment Printing Office’s web site erence Materials,” and then click at www.gpoaccess.gov/gmanual. on “Text of the FOIA”). Or you may order a copy of the FOIA from GPO A Citizen’s Guide on Using by calling toll-free 1 (866) 512-1800. the Freedom of Information Act and the Privacy Act of Department of Justice 1974 to Request Guide to the Freedom of Government Records Information Act

This booklet, written by the Com- The “Department of Justice Guide mittee on Government Reform, to the Freedom of Information U.S. House of Representatives, Act” is updated approximately provides a much more detailed every two years by the Justice explanation of the Freedom of In- Department’s Office of Informa- formation Act and the Privacy Act tion Policy. This book is a com- than this brochure. You may pur- prehensive summary of the law chase this booklet from GPO by that includes a discussion of the calling toll-free 1 (866) 512-1800. FOIA’s nine exemptions and three This document is also available exclusions as well as its most im- online at www.fas.org/sgp/foia/ portant procedural aspects. A citizen.html. text version of this book is on the Justice Department’s web site at The Freedom of www.usdoj.gov/foia (click on “Ref- Information Act erence Materials,” and scroll down to “Department of Justice Guide to A complete copy of the FOIA the Freedom of Information Act”). can be found at Section 552 of You may also purchase this book Title 5 of the U.S. Code, available from the Government Printing Of- at www.gpoaccess.gov (click on fice athttp://bookstore.gpo.go v or “United States Code”). by calling 1-866-512-1800.

A copy of the FOIA is also available electronically on the

19 Other Sources of Information

FOIA Post of Information Act, the Privacy Act, the Government in the Sun- This web-based successor to shine Act, and the Federal Advisory “FOIA Update” has been published Committee Act. The book includes by the Justice Department’s Office the texts of those four statutes and of Information Policy since 2001. a list of related law review articles. Items of FOIA-related information For pricing and ordering informa- and guidance are published on a tion, call toll-free 1 (866) 512-1800. routine basis. It can be found on A text version is available on the the Justice Department’s web site Justice Department’s web site at at www.usdoj.gov/foia (click on www.usdoj.gov/foia (click on “Ar- “Reference Materials,” and then chive,” scroll down to “Office of scroll down to “FOIA Post”). Information Policy” and click on “Freedom of Information Case FOIA Update List”).

This newsletter, published by the FOIA Reference Guides Justice Department’s Office of In- or Handbooks formation Policy from 1979-2000, contained FOIA-related informa- Each federal department or tion and guidance for federal agen- agency is required to maintain a cies. All back issues are available reference guide or handbook to and keyword searchable on the assist the public in making FOIA Justice Department’s web site at requests to that agency. Included www.usdoj.gov/foia (click on “Ref- is contact information for each erence Materials,” and then scroll agency’s FOIA office(s) and FOIA down to “FOIA Update”). Public Liaison(s). These reference guides for FOIA request- Freedom of Information ers are available on each agen- Case List cy’s FOIA web site. For example, the Justice Department’s FOIA This book, last updated in 2002 by Reference Guide is available at the Justice Department’s Office of www.usdoj.gov/oip. Information Policy, contains lists of cases decided under the Freedom

20 Other Sources of Information

The Privacy Act of 1974 www.usdoj.gov/foia (click on “Reference Materials,” and click This law gives citizens the right to on “Text of the Privacy Act”). see files about themselves, subject to its exemptions; to request Overview of the Privacy an amendment if a nonexempt Act of 1974 record is inaccurate, irrelevant, untimely, or incomplete; and to The “Overview of the Privacy Act sue the government for permit- of 1974” is prepared by the Justice ting others to see their files unless Department’s Office of Privacy specifically permitted by the law. and Civil Liberties in coordination A complete copy of the Privacy with the Office of Management and Act can be found at Section 552a Budget, and is a discussion of the of Title 5 of the U.S. Code. Or you provisions of the Privacy Act. This may order a copy of the Privacy book also contains the text of the Act, Public Law 93-579, from GPO Privacy Act. It may be viewed on the by calling toll-free 1 (866) 512-1800. Justice Department’s web site at A text version is available on the www.usdoj.gov/opcl/privacy- Justice Department’s web site at act1974.htm (click on “Overview of the Privacy Act of 1974.”)

21 November 2009

A joint publication of:

U.S. Department of Justice Washington, DC 20530

Executive Office of the President Office of Management and Budget Washington, DC 20503

GSA Office of Citizen Services and Communications Federal Citizen Information Center

U.S. General Services Administration 1800 F Street NW Washington, DC 20405 www.pueblo.gsa.gov