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Judicial Watch • 2013 HQFO 00304 Final Response Letter

2013 HQFO 00304 Final Response Letter

2013 HQFO 00304 Final Response Letter

Page 1: 2013 HQFO 00304 Final Response Letter


Number of Pages:2

Date Created:May 28, 2013

Date Uploaded to the Library:February 20, 2014

Tags:Homeland, privacy, enforcement, PAGES, Exemption, garcia, AGENCY, responsive, DHS, security, request, records, department, Washington, EPA, IRS, ICE, CIA

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May 28, 2013 
Lisette Garcia 
Judicial Watch 
425 Third St, 
Suite 800 
Washington, District Columbia 20024 
Re:  2013-HQFO-00304 
Dear Ms. Garcia: 
This our final response your Freedom Information Act (FOIA) request the Department Homeland Security (DHS), dated January 2013, and your request for waiver all assessable FOIA fees.  You are seeking all records concerning, referring, relating interrupted mail service. The timeframe for this request January 21, 2009 through the inception the agency's search for responsive records this request. our first interim release, 355 pages responsive records were released you. date, search for additional documents responsive your request produced total 933 pages. those pages, have determined that 102 pages the records are releasable their entirety, 158 pages are partially releasable, and 673 pages are withheld their entirety pursuant Title U.S.C.  552 (b)(5) and (b)(6), (b)(7)(C), and (b)(7)(E), FOIA Exemptions b7(C), and b7(E). 
FOIA Exemption protects from disclosure those inter- intra-agency documents that are normally privileged the civil discovery context.  The three most frequently invoked privileges are the deliberative process privilege, the attorney work-product privilege, and the attorney-client privilege.  After carefully reviewing the responsive documents, determined that portions the responsive documents qualify for protection under the Deliberative Process Privilege.  The deliberative process privilege protects the integrity the deliberative decision-making processes within the agency exempting from mandatory disclosure opinions, conclusions, and recommendations included within inter-agency intra-agency memoranda letters.  The release this internal information would discourage the expression candid opinions and inhibit the free and frank exchange information among agency personnel.  
FOIA Exemption exempts from disclosure personnel medical files and similar files the release which would cause clearly unwarranted invasion personal privacy.  This requires balancing the publics right disclosure against the individuals right privacy.  The privacy interests the individuals the records you have requested outweigh any minimal public interest disclosure the information.  Any private interest you may have that information does not factor into the aforementioned balancing test. 
Exemption 7(C) protects records information compiled for law enforcement purposes that could reasonably expected constitute unwarranted invasion personal privacy.  This exemption takes particular note the strong interests individuals, whether they are suspects, witnesses, investigators, not being unwarrantably associated with alleged criminal activity.  That interest extends persons who are not only the subjects the investigation, but those who may have their privacy invaded having their identities and information about them revealed connection with investigation.  Based upon the traditional recognition strong privacy interest law enforcement records, categorical withholding information that identifies third parties law enforcement records ordinarily appropriate. such, have determined that the privacy interest the identities individuals the records you have requested clearly outweigh any minimal public interest disclosure the information.  Please note that any private interest you may have that information does not factor into this determination. 
Exemption 7(E) protects records compiled for law enforcement purposes, the release which would disclose techniques and/or procedures for law enforcement investigations prosecutions, would disclose guidelines for law enforcement investigations prosecutions such disclosure could reasonably expected risk circumvention the law.   
You have right appeal the above withholding determination.  Should you wish so, you must send your appeal and copy this letter, within days the date this letter, to:  Associate General Counsel (General Law), U.S. Department Homeland Security, Washington, D.C. 20528, following the procedures outlined the DHS regulations C.F.R.  5.9. Your envelope and letter should marked FOIA Appeal. Copies the FOIA and DHS regulations are available 
The Office Government Information Services (OGIS) also mediates disputes between FOIA requesters and Federal agencies non-exclusive alternative litigation. you are requesting access your own records (which considered Privacy Act request), you should know that OGIS does not have the authority handle requests made under the Privacy Act 1974. you wish contact OGIS, you may email them call 1-877-684-6448. 
Provisions the FOIA allow recover part the cost complying with your request. this instance, because you have been granted blanket waiver fees, there charge associated with this response. you need contact our office again about this matter, please refer 2013-HQFO-00304.  This office can reached 866-431-0486. 

 James Holzer 
 Disclosure and FOIA Operations 
Enclosure(s):  Responsive Documents, 260 pages