Transparency 101: Judicial Watch FOIA Handbook
Category:General
Number of Pages:35
Date Created:November 19, 2013
Date Uploaded to the Library:November 08, 2013
Donate now to keep these documents public!
See Generated Text ∨
Autogenerated text from PDF
Transparency 101: Judicial Watch FOIA Handbook Judicial Watch, Inc. Your Reference for Ensuring Transparency, Accountability and Integrity Government Because One Above the Law Judicial Watch, Inc., 425 Third Street SW, Suite 800, Washington, 20024 Table Contents Introduction Chapter Open Records/FOIA Overview Chapter Privacy Act Overview Chapter Listing Agencies and Contact Information Chapter FOIA/PA Exemptions Chapter FOIA/PA Request Administration Requirements, Remedies Litigation Chapter Sample FOIA Letter ... Chapter Sample FOIA Appeal Chapter Sample Letter ... Chapter Sample Appeal Chapter 10: Frequently Asked Question (FAQs) Chapter 11: References Introduction President Barack Obama called for greater openness government during his first presidential campaign, famously promising run the most transparent administration American history. Indeed, Mr. Obama said through presidential memorandum issued his first day office: All agencies should adopt presumption favor disclosure, order renew their commitment the principles embodied FOIA The presumption disclosure should applied all decisions involving FOIA. Here Judicial Watch, couldn agree more! There are other legal instruments routinely available the general public that have allowed for greater accountability government decisions and for the protection individual privacy rights than the Freedom Information Act (FOIA) and Privacy Act (PA). this handbook, Judicial Watch, Inc., the public interest group that investigates and prosecutes government corruption, seeks put the knowledge using federal FOIA and laws into the hands families, churches, communities, organizations and all individuals interested learning more about the decisions, operations and activities their government, well gain access information the government may have that relates them. The centralization power the federal level over the past century and the sheer vastness the federal bureaucracy have made easy for officials keep important decisions from public scrutiny. Small offices and agencies have been given decision-making authority about which many Americans have likely never heard. This handbook seeks empower Americans with the ability to: (1) identify records sought; (2) draft, submit, and administratively appeal requests; and (3) prepare litigate FOIA and requests regarding information that they seek either for public benefit information pertaining directly them that they have right access. Encouraging numbers show the American public does not take their rights freedom information under the FOIA and for granted, demonstrated the growing use both laws. For example, according the government own statistics contained annual reports published the Department Justice Office Information and Privacy (OIP), the number FOIA requests filed with federal agencies and departments increased between 2009 and 2012 from 557,825 651,254.1 This represents nearly 17% increase from Fiscal Year 2009 Fiscal Year 2012, and the highest number FOIA requests record. these requests for information accomplish anything bring about more ethical conduct and accountability for decisions made the Washington elite? they have impact the lives real people? Yes! Through FOIA, the 1990s, Americans learned about the selling Commerce Department trade mission seats Democratic Party and Clinton Administration Data obtained from FOIA Post (2010): Summary Annual FOIA Reports for Fiscal Year 2009 and Summary Annual FOIA Reports for Fiscal Year 2012, available http://www.justice.gov/oip/foiapost/2010foiapost18.htm and http://www.justice.gov/oip/docs/fy2012-annual-report-summary.pdf, respectively, accessed October 29, 2013. campaign contributors, who happened have connections Chinese military intelligence and agents espionage. They revealed the Clinton Administration efforts use IRS audits intimidate adversaries and detractors. Americans used FOIA obtain lists almost 300 Saudi subjects, including members the Bin Laden family, which the Bush administration allowed leave the country shortly after 9/11 with little questioning authorities. After the anthrax attacks the fall 2001, postal workers the Washington, area learned the United States Postal Service knew the Brentwood mail processing facility was contaminated with anthrax least four days before they chose close it. Over the years Americans have learned about the lack security nuclear laboratories, and controversial details the John Kennedy and Martin Luther King assassinations, all using information received through FOIA. More recently, records obtained Judicial Watch through FOIA revealed that the Justice Department Community Relations Service actively participated inflaming racial tensions Sanford, Florida the spring 2012 following the death Trayvon Martin. June 2013, Judicial Watch obtained through FOIA request records revealing that the Consumer Financial Protection Bureau had spent millions dollars collecting personal financial transaction data, without warrant, five million American consumers. Judicial Watch also successfully used FOIA force the release from the State Department gruesome photos depicting the aftermath the September 2012 terrorist attack the diplomatic compound Benghazi, Libya that left four Americans, including our ambassador that country, dead. America experience with its freedom information laws can hardly called useless exercise. Judicial Watch alone has filed thousands public information record requests under FOIA and all levels government since its founding 1994. has set FOIA and legal precedent the United States District Court for the District Columbia several times. Today, with Congress having little desire perform its constitutional obligation control the functions the executive branch, the burden fighting for accountability and oversight are increasingly becoming matter for individual citizens and local communities. the hope Judicial Watch that the American people, their families, churches, and community groups will use this handbook inform and defend themselves from the adverse power and corruption government and bring about renewal ethics and good conduct public life. Chapter -The Freedom Information Act Overview The Freedom Information Act (FOIA), U.S.C. 552, was enacted Congress and signed into law President Lyndon Johnson 1966. The enactment FOIA gave the public the right obtain and access information from federal government agencies. Previously, the government placed burden the individual making request prove right examine the documents. The enactment FOIA reversed this process placing the burden upon the government justify withholding the documents. While FOIA does not require the government create any documents regarding information request, requires that its agencies release any document, file other record that already exists pertaining the request. FOIA was amended 1996 include electronic information. Only executive branch agencies the federal government are subject FOIA. does not apply Congress any the federal courts, including the Supreme Court, the White House, including the Office the President and Vice President, they are constitutional officers, not agencies. Individual offices the Executive Office the President (EOP), such the Office National Drug Control Policy, which serve directly under the President, are subject FOIA. Multinational organizations such the United Nations (UN), the World Trade Organization (WTO), the International Monetary Fund (IMF), and the World Bank (WB), which the United States member, are not subject FOIA because they are not federal agencies. FOIA does not provide access records held state local government agencies, private businesses individuals. However, states have their own statutes regarding access state and local government records. Individual state agencies should contacted for further information. FOIA applies any federal agency records that are either created obtained agency and under the agency control the time the request. Under FOIA the term record, and any other term used reference information, includes any information that would agency record subject FOIA, including records electronic format, maps, photos, digital data, handwritten notes, and video and audio tapes. FOIA request can made any individual, partnership, corporation, association foreign government. Requests can also made behalf any person attorney representative. Federal agencies are excluded from making FOIA requests; however, states and state agencies may so. There are two exceptions the open eligibility standard for making FOIA requests. The first exception fugitives from justice, the requested records relate his her fugitive status. Secondly, agencies the intelligence community are precluded from disclosing records information response FOIA request foreign governments international governmental organizations. Both exclusions also apply representatives the requester. request must made writing and clearly describe the records sought, preferably bulleted numbered items. possible, the request letter should cite news report other public evidence that the records requested exist and are the possession the agency. The request should sent both facsimile (fax) and certified mail, with the fax number and USPS certified tracking number listed the letter below the mail address. Many agencies now accept FOIA requests submitted email through online portal well. For sample FOIA request letter, see Chapter Fees Frequently, requester may intensely focused obtaining the correct documents and crafting precise request letter achieve that goal that she fails consider the costs that may associated with making request. Many people may not realize that failure ask for fee waiver writing poor request for one could result substantial bill for search, duplication and review costs. Agencies typically require payment fees prior the production records. Preemptively requesting fee waiver the body the FOIA request letter and imposing limit the amount you are willing pay makes the request process smoother. you fail stipulate the fee limit fail request notification before fees are incurred, you may left with large bill that unaffordable. inability pay the costs could result denial access the requested records. The Freedom Information Act allows agencies charge fees for duplication costs (photocopying reproducing the records), costs searching for documents (the staff time spent looking agency offices archives for the records), and document review costs (the staff time spent reviewing the records see what information responsive the request and looking for exemptions). For the purposes FOIA, there are three categories document requesters: Members the Media are formal print, broadcast, radio, freelance reporters, educational non-commercial scientific institutions whose purpose scholarly scientific research. This category most advantageous requester, entitling him two free hours search time and the first 100 pages document duplication free. Commercial requesters are individuals groups who are involved profit-making activity who have for-profit business interest the requested information. Requesters this category can charged reasonable standard fees. All others are those not one the classifications above. Examples the requesters who fall into this last category are people seeking information for personal use, public interest groups, and non-profit organizations. Standard fees can charged for duplication and research, but not for review costs. The requester this category entitled two free hours search time and the first 100 pages document duplication free. With two free hours search time and 100 pages free duplication the first and third requester categories, small, clearly defined and described requests that are easy for the staff locate and retrieve, and amounting only few pages will likely not incur fees. For requests made members the media and all other categories, further waiver fees possible, assuming their requests are more complicated, requiring more complex search and involving greater volume records. However, the category requester does not automatically mean they will given fee waiver. The requester must demonstrate public interest the release the records. Fees can waived reduced the information disclosure the public interest. Courts applying the public interest fee waiver provision FOIA typically take into account four factors determining whether grant waiver: (1) whether the subject the requested records concerns the operations activities government; (2) whether disclosure the requested records likely contribute understanding government operations activities; (3) whether disclosure the requested records will contribute reasonably broad audience and whether the requester has the ability and intention disseminate the information the public; and (4) whether disclosure the requested record will contribute significantly the public understanding. See D.C. Technical Assistance Org. HUD, Supp. 46, 48-49 (D.D.C. 2000); C.F.R. 16.11(k)(2)(i)-(iv). Requests for public interest waivers are judged case-by-case basis. Larson CIA, 843 F.2d 1481, 1483 (D.C. Cir. 1988). Commercial requesters that have financial interest the information will find difficult get fee waiver because information disclosures they seek are generally regarded matter selfinterest, not the public interest large. Additionally, the disclosure primarily for the commercial interests the requester, the waiver will likely denied. Requesters who seek fee waiver should ask for the original request letter, even though determination the fee waiver request from the government agency could come much later the administrative litigation process. the waiver denied, requesters have the right appeal. The key factor applying for fee waiver the original request letter demonstrating that the disclosure information significantly enhances broad public audience understanding the operations and activities the government. When making the case for public interest release records, important logical, factual, and resist emotional personal attacks against government officials agencies. That not say you cannot discuss the human element impacted the government decisions which you are seeking disclosure. This best done explaining that the public well-being affected the decisions and there need for the public informed these decisions that have adverse effect their lives. Emotional attacks will not help persuade officials that this request the public interest. Continue thinking how this information would help people understand the decisions and operations government. The requester must demonstrate the ability and intention disseminate this information the public and should cite past examples dissemination. For example, newspaper articles, columns other published reports written the requester, appearances radio and/or television shows, productions the same the requester, etc. reflect prior examples public dissemination information. The requester should describe the request letter what she intends with the information. Establishing public interest the subject matter not enough qualify for fee waiver. The requester must show the ability and intention publish the information. Categorization 501(c)(3) non-profit organization the Internal Revenue Service (IRS) alone not enough qualify for fee waiver, although can help demonstrate the requester does not have commercial interest the information. Prior fee waivers granted the agency have effect the agency analysis the current request, although beneficial cite past fee waivers and categorizations (such previous classification member the media); however, those assertions alone are not enough qualify for waiver. Response Time Once agency has received FOIA request, the agency has business days respond. The business day period begins the day that the request received the correct agency, but later than days after the request received any part the agency. There are three appropriate responses FOIA request: (1) compliance with the request; (2) non-compliance and the reason for not doing so; and (3) the request for extension not more than days due unusual exceptional circumstances. Unusual circumstances occur when agency needs collect information outside their head office, there unusually large amount information process, the cooperation another agency necessary obtain the requested records. Exceptional circumstances occur when agency experiencing backlog, when the requester refuses modify the size and scope their request. There are two exceptions for when agency response time automatically extended: When agency needs clarify information request from the requester, when there fee dispute between the two parties. any other adverse response received, requesters have the right appeal and may file administrative appeal with the agency. Failure appeal administratively may result inability litigate. response received administrative review upholds adverse response, the requester has the right sue federal court. For further information about appeals see Chapter The FOIA allows requesters sue government officials who refuse release information, but the requester can only obtain attorneys fees, awards court costs, and court order for the FOIA request answered. Often, groups and organizations have compelling need get the full facts and truth government decision urgently and time not their side. The ability get the full truth about government action decision quickly needed order properly inform and protect the rights, life, and physical safety the public. some requesters know, FOIA requests can take years answered completed, especially the requester does not follow file lawsuit over the request. This reality use those who need immediate answers for time6 sensitive problems. For example, request about official who made controversial decisions the executive branch and who now for high profile appointment for another sensitive position urgent need. For urgent cases, 552 (a)(6)(E) provides for expedited processing FOIA requests. The statute requires that determination whether provide expedited processing shall made, and notice the determination shall provided the person making the request, within days after the date the request; and expeditious consideration administrative appeals such determinations whether provide expedited processing. Within days filing FOIA request with request for expedited processing, the agency required inform you the request for expedited processing has been granted denied. the request granted, your request will put ahead other requesters seeking information from that agency and will given greater priority. Occasionally when granted expedited processing, especially the request narrow with clear description, the agency will respond full with the records sought within the working days. However, this not usually the case and expedited processing simply results having your request put ahead others which indeed will save some time. However, even granted expedited processing, important keep contact with the agency FOIA office regarding the search progress and when you can expect receive the requested documents. suggest maintaining contact placing frequent, but reasonable and courteous, phone calls the staff person assigned the request and following with letters documenting phone conversations. left alone requester that has been given expedited treatment may not receive the records quickly enough achieve the purpose their request. Denial expedited processing request may administratively appealed litigation pursued given improper initial response denial administrative appeal. Furthermore, demonstration compelling need requester making request for expedited processing shall made statement certified such requester true and correct the best such requester knowledge and belief. Every FOIA request important the requester; however, every request cannot granted expedited processing. There definite and defined criterion for being granted expedited status. The requester must state, demonstrate and certify that: (1) Failure obtain requested records expedited basis could reasonably expected pose imminent threat the life physical safety individual; (2) With respect request made person primarily engaged disseminating information, urgency inform the public concerning actual alleged federal government activity. granted this status necessary show that failure get these records timely manner will imminently threaten the life physical safety someone, such person death row needing urgent information for his appeal, someone who needs facts about nuclear waste plant that alleged dangerous nearby town. Otherwise, you must certify that you are person organization primarily the business disseminating information, such news reporter publishing house, and that you have urgent need inform the public the operations and activities their government. One could request expedited processing under both provisions, requester circumstance and situation fall under both provisions. Individual agencies may have additional provisions, options, requirements for expedited processing. advise potential requesters check agency regulations and websites for additional criteria that individual agencies might have addition those mandated FOIA itself. list agency FOIA websites with contact information can found Chapter Both provisions for expedited processing require compelling need the part the requester. particular, the person requesting required submit statement certification stating that: (1) they are person entity primarily engaged dissemination information (if this applies them, the second provision above) and (2) the best their knowledge and belief, they have compelling need for the information being sought. This certification statement can simple paragraph consisting few sentences the request letter, can attached the letter itself. does not need notarized Notary Public. The procedure for statement certification may vary among agencies. Agency Responsibilities important understand FOIA policy and how contributes our nation principle open government. essential, however, for agencies apply FOIA policy practice. FOIA dedicated openness, effective implementation, and accountability. Agencies are instructed consider partial disclosure when full disclosure impossible. When partial disclosure viable, the agency providing the documents must indicate the amount unavailable information and what exemption prohibits its release. Agencies should consistently provide prompt responses FOIA requesters and use the technologies available supply the public with dependable and useful information. There are certain requirements that all federal departments and agencies must follow facilitate the process for FOIA requesters. Once agency receives request must respond within the time requirement and assign that request tracking number. The tracking number allows the requester monitor the status the request. agency rejects request entirely, the Attorney General must notify the Special Counsel and Congress any civil action that follows. The public can also benefit from agency responsibility file annual reports. The report must include the number requests received, the range, median, and average amount days response takes issued, data the oldest pending requests, and other information. These responsibilities were put place make the process more transparent and allow the American public hold our government the highest standards transparency and accountability. Chapter Privacy Act 1974 Overview Congress passed the Privacy Act 1974, USC 552a, the midst the abuses the Nixon White House and alleged abuse the FBI and other government agencies with regard the holding and dissemination information individuals and groups that time. Particularly troubling was the growing trend government agencies store massive amounts personal information computerized data banks. The allows citizen learn how records are collected, maintained, used and disseminated federal agencies; also allows individuals access that information and seek correction inaccurate, incomplete irrelevant information. The Privacy Act recognizes individual right left alone. gives citizen the right inspect government files maintained him herself, prevent improper distribution and/or dissemination those records, and the ability challenge errors. The act forbids any government agency from releasing personal data kept anyone part system records transferring another federal agency department for uses not compatible with the purposes for which the information was collected without the individual written consent. Federal officials who improperly release these records may sued for damages, court fees and attorney costs. The only records subject the are those that are maintained system records. Under the law record includes most personal information maintained agency about individual. record contains individually identifiable information, including, but not limited to, information about education, financial transactions, medical history, criminal history employment history. system records group records that retrieved name, Social Security number other identifying number assigned individual. Not all personal information kept system records; however, this information would accessible making FOIA request. The Department Homeland Security and the Automated Targeting System are exempt from providing some these records due ADIS (Arrival and Departure Information System) information that relates national security, law enforcement, immigration, and intelligence activity. The gives individual citizen (including person being investigated, persecuted retaliated against for blowing the whistle corruption) access documents that could clear his her name provide evidence retaliation. can also provide legal remedy seek justice for the improper disclosure government-held personal information officials effort discredit individual. Only United States citizens and aliens lawfully admitted for permanent residence are eligible make request. result this provision, nonresident foreign nationals must use FOIA request records about themselves. citizen organization seeking information under the Privacy Act about another individual must get waiver signed the individual the information concerns order allow the government the ability release the records. The Privacy Act, like the Freedom Information Act, applies only the agencies and departments the executive branch government. Although the PA, like FOIA, does not apply the White House, penalties apply for any individual, journalist, government agency, official, constitutional officer who knowingly releases PA-protected material others, the case former President Clinton. The was written minimize its effect FOIA. Many journalists and government watchdog groups consider the effect the their ability collect information minimal, but they voice objections nonetheless. individual seeking information about him herself will find that similar rules apply making request that apply making FOIA request. The records sought should clearly defined and identified and the offices repositories within agency department which the requested records are located should specified unless you desire that all relevant offices the entire agency searched. person full name (including any past names aliases), date birth (DOB), place birth (POB), Social Security number (SSN), and title, appropriate, should given order facilitate the search for records. See Chapter for sample request letter. these records are sent party other than the requester, then the requester must give written consent the transfer. For example, individual who accused crime wishes make request for their FBI file and wishes the information sent directly his her attorney, the request letter must state that this individual his her counsel and give written consent for the agency release the records the attorney. The release must also include the address which the information sent and the notarized signature the requester. Likewise, citizen wanted request information another living person, that person must sign waiver, provided the office individual agency and often available online, notarize letter stating desire have the records released the requester. Each agency has different rules for such waivers and releases. Records the deceased are requestable. request the records deceased individual you must provide the person name, aliases, date and place birth, copy the death certificate newspaper obituary, and why you think the agency department would have the requested records. Under the PA, fees can only charged for record copying costs. fees are charged for the cost search and review the records determine any applicable exemptions. Many agencies will not charge fees for making copy file, especially small files, and agency can waive fees they pose hardship. There fixed time which the agency must respond Privacy Act request; however, good agency practice acknowledge receipt the request days and provide the information requested within days. many agencies, FOIA and requests are processed the same personnel and are attended the order which they are received. The balance protecting the individual legitimate right privacy and the public right know often pits civil libertarians against journalists and vice versa. What one person claim privacy can another person allegation cover-up. (For example, consider open record case which Judicial Watch found the FBI using privacy rights justification withhold the name Osama Bin Laden from publicly available newspaper articles that were released under FOIA.) The includes number exemptions that many ways mirror the exemptions the FOIA. (See Chapter for further information about exemptions.) These exemptions allow government agencies transfer release information individual without his consent for law enforcement purposes, for use Congress, the Census Bureau and similar government agencies, well giving agencies the ability release information determined public under FOIA. Similar rules apply when requester has been denied information under one the exemptions. Like requests made under FOIA, adverse determination must appealed timely manner, respectfully refuting the claim exemption. See Chapter for more information about appeals and Chapter for sample appeal letter. The has penalties for violations well. official who discloses too much personal information response request can face monetary penalties and sanctions. Chapter Federal Agencies FOIA Websites Federal Departments Department Agriculture Department Commerce National Oceanic and Atmospheric Administration Department Defense Air Force Army Defense Contract Audit Agency Defense Contract Management Agency Defense Finance and Accounting Service Defense Information Systems Agency Defense Intelligence Agency Defense Logistics Agency Defense Security Service Defense Threat Reduction Agency Marine Corps National Geospatial-Intelligence Agency National Reconnaissance Office National Security Agency Navy Office the Inspector General Department Education Department Energy Department Health and Human Services Centers for Medicare Medicaid Food and Drug Administration National Institutes Health Department Homeland Security United States Citizenship and Immigration Services Bureau Customs and Border Protection Federal Emergency Management Agency Transportation Security Administration United States Coast Guard United States Secret Service Department Housing and Urban Development Department the Interior Department Justice Bureau Alcohol, Tobacco, Firearms, and Explosives Drug Enforcement Administration Federal Bureau Investigation Federal Bureau Prisons United States Marshals Service Department Labor Department State Department Transportation Federal Aviation Administration Department the Treasury Comptroller the Currency Internal Revenue Service Department Veterans Affairs Federal Agencies Agency for International Development Amtrak (National Railroad Passenger Corporation) Broadcasting Board Governors Central Intelligence Agency Chemical Safety and Hazard Investigation Board Commission Civil Rights Committee for Purchase from People Who Are Blind Severely Disabled Commodity Futures Trading Commission Consumer Product Safety Commission Consumer Financial Protection Bureau Corporation for National and Community Service Court Services and Offender Supervision Agency for the District Columbia Defense Nuclear Facilities Safety Board Environmental Protection Agency Equal Employment Opportunity Commission Executive Office the President Council Environmental Quality Office Administration Office Management and Budget Office National Drug Control Policy Office Science and Technology Policy Office the United States Trade Representative Export-Import Bank Farm Credit Administration Farm Credit System Insurance Corporation Federal Communications Commission Federal Deposit Insurance Corporation Federal Election Commission Federal Energy Regulatory Commission Federal Housing Finance Agency Federal Labor Relations Authority Federal Maritime Commission Federal Mediation and Conciliation Service Federal Mine Safety and Health Review Commission Federal Open Market Committee Federal Reserve System Federal Retirement Thrift Investment Board Federal Trade Commission General Services Administration Institute Museum and Library Services Inter-American Foundation Legal Services Corporation Library Congress (Copyright Office) Merit Systems Protection Board National Aeronautics and Space Administration National Archives and Records Administration National Credit Union Administration National Endowment for the Arts National Endowment for the Humanities National Indian Gaming Commission National Labor Relations Board National Mediation Board National Science Foundation National Transportation Safety Board Nuclear Regulatory Commission Occupational Safety and Health Review Commission Office Government Ethics Office Personnel Management Office Special Counsel Overseas Private Investment Corporation Peace Corps Pension Benefit Guaranty Corporation Postal Regulatory Commission Railroad Retirement Board Securities and Exchange Commission Selective Service System Small Business Administration Social Security Administration Surface Transportation Board Tennessee Valley Authority United States International Trade Commission United States Postal Service United States Trade and Development Agency Chapter Exemptions Freedom Information Act The Freedom Information Act contains nine exemptions mandatory disclosure the interest protecting national security, individual and business interests, and certain internal government practices. Records that fall within one the exemptions can still released the discretion the individual agency. Even document containing exempt information can released with the exempted information redacted. This important feature FOIA because prevents request from being denied whole because single section page falls within one the exemption categories. With the advent technology became difficult determine what information, word, paragraph, pages, had been withheld. The 1996 amendment FOIA mandates that agencies must identify the locations deletions and show the deletion within the actual document when feasible so. order account for withheld documents, agencies are required provide Vaughn Index. The index must accomplish three things: (1) identify each document withheld; (2) state the statutory exemption claimed for each withheld document; and (3) explain how disclosure would damage the interests protected the claimed exemption for each document withheld. The purpose the index for agency justify any withholdings has made and sufficiently enough allow court decide the withholdings were proper and the requester challenge the withholdings. The first FOIA exemption relates national defense foreign policy records that are properly classified according Executive Order. U.S.C. 552(b)(1). This exemption protects classified information and records the basis national security. The classification guidelines are established and maintained the president. Classified documents may requested under FOIA; however, they must reviewed the agency determine the record still requires classified status. The second FOIA exemption safeguards the internal personnel rules and practices agency. U.S.C. 552(b)(2). There are two categories documents that fall under this exclusion. The first documents information regarding personnel rules internal agency practice that has public interest, such vacation policies. The second information that disclosed could lead the circumventing law agency regulations. Material falling this category has regulate internal agency conduct, such procedure and practices manual. Information falling within this category frequently seen consisting trivial administrative matters. The third FOIA exemption allows agencies withhold documents specifically exempted other federal statutes. U.S.C. 552(b)(3). However, the statute must: (1) require the matter wholly withheld from the public manner leaving room for discretion; (2) establish particular criteria for withholding; (3) refer particular types matters withheld. This exemption simply incorporates other statutes restricting information into FOIA. the agency duty demonstrate how the withheld record comes within the identified statute. Agencies are required list the statutes they use that relate Exemption their annual FOIA report. Those reports are reviewed annually the Office Information and Privacy and are accessible the Department Justice FOIA website. The fourth FOIA exemption prevents disclosure trade secrets and commercial financial information obtained from person and considered privileged confidential. U.S.C. 552(b)(4). trade secret commercially valuable plan, formula, process device used industry that resulted from either innovation substantial effort. Courts have determined that information qualifies trade secret disclosure likely hurt the competitive position the person company who submitted the disclosure would impair the government ability get such information future date. Commercial financial information easily identifiable without special provisions; however, its privileged confidential nature must also determined before disclosure. This exemption intended protect both the government and submitters information protects sensitive trade, commercial financial information, while also assuring the information reliable result the safeguards. The fifth FOIA exemption protects inter-agency intra-agency memoranda letters which would not available law party other than agency litigation with the agency. U.S.C. 552(b)(5). Exemption grossly overused agencies deny FOIA requests. The three primary privileges invoked Exemption are deliberative process privilege, attorney work-product privilege, and attorney-client privilege. The deliberative process exemption was designed give agencies privileges against discovery order protect agency decision-making. Granting agencies privilege would encourage open and full policy debates, well prevent early release working policy. The D.C. Appellate Court has stated that the language incorporates all civil discovery rules into FOIA. order for the deliberative process privilege invoked, the communication must both predecisional and deliberative nature. Documents are predecisional when they are prepared prior the adoption agency policy. such, Exemption typically does not apply post-decisional documents; however, this applies the document content rather than the date production. Documents are deliberative when they reflect the give-and-take the consultative process. the responsibility the agency show the information satisfies both qualifications. Exemption also protects documents and other memoranda prepared attorney contemplation litigation. The work-product privilege extends civil and administrative proceedings, criminal matters and documents generated preparation amicus brief. Work-product privilege broadly extends litigation that has not commenced, but probable; materials prepared non-attorneys under the supervision attorneys; information shared with party holding common interest the agency; and factual material. Attorney-client privilege also protected under Exemption This includes confidential communications between attorney and client relating matter for which the client has sought professional advice, facts divulged client attorney, opinions given clients, and communications between attorneys regarding client-supplied information. Attorney-client privilege extends cover communications where the specific information confidential, but the basic subject matter known others. The sixth FOIA exemption safeguards personnel and medical files and similar files the disclosure which would constitute clearly unwarranted invasion personal privacy. U.S.C. 552 (b)(6). The Department Defense has broadly, and unlawfully, interpreted (b)(6) include the names all Department Defense employees. They base this novel application (b)(6) personnel memo citing the Global War Terror. Judicial Watch fighting reverse this disturbing trend the Department Defense one that obviously violates both the spirit and the letter FOIA. This exemption protects the privacy individual personal information government files. does not protect the privacy corporations groups, there expectation the protection personal privacy for such entities. Protection information provided corporations groups would provided Exemption Agencies are expected maintain balance between the individual privacy right and the public right the disclosure information. Exemption overlaps with the Privacy Act; however, information exempted FOIA can disclosed under the PA. The seventh FOIA exemption protects information compiled for law enforcement purposes. U.S.C. 552 (b)(7). The intention behind this exemption allow agencies withhold law enforcement documents order prevent interference with the enforcement process. Exemption has six sub-exemptions. Exemption protects information that could interfere with law enforcement proceedings, thus protecting active investigations. This exemption applicable only investigation pending planned and the release the information will compromise the investigation. Exemption allows agency withhold information that, released, would deprive person the right fair and impartial trial. This exemption aimed preventing damaging pretrial publicity. order for this exemption claimed, the trial must truly pending imminent and the release the information would seriously interfere with the proceedings. Exemption protects records that, disclosed, could warrant invasion privacy. This exemption very similar Exemption that they both protect against invasion privacy. However, Exemption used withhold information that could, instead would, warrant invasion personal privacy and used only the confines law enforcement purposes. Exemption allows agencies withhold information that could reasonably expected disclose the identity confidential source. Its purpose prevent the loss confidential sources protecting the source identity the source free from the fear retaliation. The protection this exemption stretches further than just individuals state, local foreign agency authority any private institution that has furnished confidential information with the expectation anonymity protected under this exemption. However, not all sources investigation are considered confidential. Confidentiality determined case-by-case basis. Exemption prevents the disclosure information that would reveal techniques, procedures guidelines for investigations prosecutions. Disclosure such information could lead circumvention the law. Exemption protects information that, disclosed, could reasonably expected endanger individual life physical safety. This exemption has been interpreted courts providing for the protection names and identifying information individuals who are connected request regarding law enforcement matter. The protection this exemption remains even after involved law enforcement officers have retired. The eighth FOIA exemption prohibits the disclosure information contained related examination, operating condition reports prepared by, behalf of, for the use agency responsible for the regulation supervision financial institutions. U.S.C. 552(b)(8). This exemption typically only applies agencies such the Federal Reserve the Federal Deposit Insurance Corporation. The ninth FOIA exemption protects geological and geophysical information and data, including maps, concerning wells. U.S.C. 552(b)(9). This exemption rarely used and has yet clearly defined. This provision has been used prevent the disclosure information regarding natural resources, from groundwater natural gas. Privacy Act The Privacy Act contains exemptions. Unlike the Freedom Information Act, there are three categories exemptions: special, general and specific. exemptions apply not record, but system records. There one special exemption the PA. The special exemption states that nothing the requires agency grant access any information compiled reasonable anticipation civil action proceeding, including administrative hearings. U.S.C. 552a(d)(5). This protects civil litigation files from access individuals, but does not incorporate deliberative process attorney-client privileges. This exemption self-executing and does not require implementing regulation. There are two general exemptions the PA. The first exempts records maintained the Central Intelligence Agency (CIA). U.S.C. 552a(j)(1). The second exempts records maintained agency component thereof which: (1) performs its principal function any activity pertaining the enforcement criminal laws; (2) consists identifying data compiled for the purpose criminal investigation; (3) associated with identifiable individual; (4) consists reports identifiable individual compiled any stage the process enforcement criminal laws. U.S.C. 552a(j)(2). There time limitation this exemption and applies even there trial the investigation closed. Additionally, the exemption applied records, not agencies law enforcement record held non-law enforcement agency, still exempt. There are seven specific exemptions. The first specific exemption applies records that relate the national defense foreign policy and are properly classified. U.S.C. 552a(k)(1). Classified information also exempt under FOIA and normally unavailable under both acts. The second specific exemption applies investigatory records that are compiled for law enforcement purposes. U.S.C. 552a(k)(2). The exemption limited cases which, result the record maintenance, individual denied any right, privilege benefit which she would normally entitled. this case, disclosure the record required that individual except when would result the revelation confidential source. The third specific exemption applies records pertaining the protection the President the United States. U.S.C. 552a(k)(3). This exemption also applies records any individual receiving protection from the Secret Service. The fourth specific exemption applies records that are required statute maintained and used solely statistical records. U.S.C. 552a(k)(4). The fifth specific exemption applies investigatory records that are used for employee contractor suitability determinations. U.S.C. 552a(k)(5). This exemption covers investigatory materials compiled solely determine suitability, eligibility qualifications for federal civilian employment, military service, federal contracts access classified information. The exemption only applies the extent that the information released would compromise the identity confidential source that provided information the government under express promise that the identity the source would remain confidential. The sixth specific exemption applies the federal service exam test materials. U.S.C. 552a(k)(6). Records containing testing examination material used solely determine qualification for appointment promotion federal service are exempt when disclosure would result compromising the objectivity fairness the process. This exemption essentially provides for the withholding questions used employment tests. The seventh specific exemption applies records that are used determine potential for promotion the armed services. U.S.C. 552a(k)(7). The information only exempt the extent that disclosure would reveal the identity confidential source that provided the government with the information under express promise confidentiality. Chapter Exhausting Administrative Remedies order file legally proper FOIA lawsuit, imperative that all administrative remedies exhausted before litigation considered begun. That is, did the requester everything possible obtain favorable result from the agency before going the courts? Upon receipt FOIA request, agency has business days respond the request. When response provided can one three things: can completely fulfill the request providing the records full; can partially adequate; can completely unacceptable. inadequate response response which the agency, the form letter, does not fulfill the agency required action under FOIA. Common examples inadequate responses are the failure respond with written letter within business days letter acknowledging receipt the request, but completely devoid any details regarding the determination the request, the fee waiver expedited processing. Depending the type inadequate response, the requester has several options. complete failure the part the agency respond all the request within the statutory business days can immediately litigated. There need appeal administratively complete failure respond. The requester may wait longer for response follow with letter phone call, but these steps are not necessary. lawsuit can filed the twenty-first day the agency has completely failed respond any way the request. agency response that timely but nonetheless inadequate due failure address the actual merits the request can also litigated immediately. response that fails address the request the fee waiver advise the requester his her FOIA rights, not considered substantive response under FOIA. requester who has received timely, but inadequate, response has the option waiting longer for more adequate response, following with letter phone call requesting update, commencing with the filing lawsuit. the requester unsure whether the response qualifies substantive, filing official administrative appeal the safe route protects his her litigation ability the event the court decides the response was substantive. may best follow with another letter phone call, for several reasons. First, demonstrates prudent, good faith effort resolve the issue before resorting litigation. More importantly, the reason for the lack response could clerical oversight, the first letter may have gotten lost the mail the office. follow-up letter could compel legitimately overworked staff person respond the requester with the requested records determination fee waiver, provide time frame when better response will available. important remember the goal for the requester get the requested documents and not have file lawsuit. Unlike inadequate response, adverse determination decision ruling agency regarding the request that, some way another, denies access the records. Typically, the agency responds stating the documents requested are covered one more FOIA exemptions claiming they searched all their files and records responsive the request were found. For more information about FOIA exemptions, see Chapter Such determination called records response. These determinations, provided within the 20-business day response window, not satisfy the request, but satisfy the agency statutory obligations and, therefore, require administrative appeal. cases where the requester gets adverse decision, such the withholding records under exemption, response that responsive records exist possession the agency, denial fee waiver expedited processing request, the agency must, law, provide the requester with administrative appeal rights. Appeal rights give the requester the ability send another letter the agency, this time effort get the adverse determination reversed another authority the agency. This authority has been designated the FOIA appeals officer who accepts all such appeals from requesters. The agency that issues the adverse determination must: (1) notify the requester the right appeal; (2) identify the appeals officer and the officer contact information; and (3) state the date when the appeal letter must received the officer. this appeal information not given the adverse response letter, the requester can automatically sue under the law. However, would more prudent follow with phone call inquiring about the appeal rights and asking that the response put writing. Most agencies require the appeal sent and received within days the date the adverse determination letter. Agencies normally give shorter appeal time for appeal for expedited processing days. Administrative appeal deadlines are strictly enforced most agencies and appeals received even one day late can denied being untimely. Thus, imperative that appeals sent timely manner. the requester has missed the deadline few days weeks the request should sent anyway, some agencies will accept appeal few days late and some appeals officers are lenient. appeal has been denied for being untimely, the request would need resubmitted and upon receipt adverse determination, timely appeal can then made. the case requester who has received partial disclosure and appeals the withholding those documents and the appeal has been denied for being untimely, request can filed seeking only the information that was withheld. the appeal letter, important include all relevant facts for overturning the adverse determination including: (1) support for the further release records withheld under any exemptions reasons why the exemptions used the agency not apply the record requested; (2) providing more details, rebuttal, about the requester ability disseminate information and public interest value the records order overturn the denial fee waiver; and/or (3) providing more information, rebuttal, about the requester being primarily engaged information dissemination having compelling need for the records order overturn denial expedited processing. The appeals officer will only able consider the information and the record front him her make the determination the requester administrative appeal. Again, important respectful, and not attack personally the FOIA staff that made the adverse determination the government officials whose decisions are the subject the requested records. Although adverse determinations and government citations the FOIA exemptions are different the requests themselves, some common adverse determinations have basic responses. For example, requester seeks information 40-year-old decision prosecute now deceased mobster. response, the agency asserts the FOIA exemption (b)(6) (privacy), claiming the release the records would injure the privacy rights those involved the trial preceding investigation. They also assert (b)(5) (deliberative process and attorney work-product doctrine), claiming these records, released, would expose the memos and drafts prosecutors prepared make the decision prosecute. Disclosure these documents could make current prosecutors unwilling make similar decisions for fear their records would opened future date. And they assert (b)(7)(E) (circumventing the law), claiming release would disclose the important details deliberation dialogue between law enforcement staff. this case, the records would disclose the important deliberations between FBI investigators looking for evidence and Department Justice prosecutors comparing the level evidence with what necessary for conviction. Exposing this coordination evidence-seeking and preparation could give criminals insight into what type evidence they need cover the future avoid prosecution. The appeal letter for this case could argue that the mobster has since died and retains claim expectation privacy. Secondly, after years, the investigators who collected the evidence and the prosecutors they shared with have moved other jobs retired. Additionally, there fear that current prosecutors would afraid disclosure their notes case that years old. Lastly, could argued that the methods collecting evidence and the evidential standards for seeking prosecution have changed substantially. addition, may argued that the government systems for evaluating evidence have been revolutionized technology. Thus, could argued that the claims exemption are moot, but public interest value the disclosure remains the public will assured that justice was done. may difficult get fee waiver case like this, because the information historical and not likely contribute significant understanding government operations and activities, since the operations and activities disclosed have changed. The most difficult FOIA exemption penetrate (b)(1) records that are currently and properly classified the interests national security foreign policy. This includes many records held the CIA and State Department. occasion possible for the State Department another agency release further records withheld under (b)(1) after FOIA appeal. However, after denial administrative appeal the only further recourse for requester who fully dedicated obtaining the records file lawsuit, requiring judge view the records camera (confidentially, behind closed, secure doors) see public interest warrants declassification. Most these challenges not succeed. response administrative appeal the agency FOIA appeals officer required within business days receipt the appeal letter. the appeal denied, the agency required outline litigation rights the letter stating that under FOIA you now have the right sue the U.S. District Court for the District Columbia, the Federal District Court where the requester principal place business is. the requester gets response administrative appeal within business days, has the right begin litigation, because response can considered denial the requester rights. However, before filing lawsuit still advisable follow with phone call letter inquiring about the status the appeal. Throughout this whole process important have the advice attorney who familiar with FOIA, because unexpected twists and turns may occur. Hopefully, the requester will able avoid litigation and able obtain the requested records without resorting the court system. However, requester has gone through all administrative channels and still receives unsatisfactory response, the courts are option. Chapter Sample FOIA Request Letter VIA FACSIMILE AND CERTIFIED MAIL Date FOIA Officer Agency Address Re: Freedom Information Act Request Dear Sir/Madam: Pursuant the Freedom Information Act U.S.C. 552), [Requester Name] requests that the [Agency] produce all correspondence, memoranda, documents, reports, records, statements, audits, lists names, applications, diskettes, letters, expense logs and receipts, calendar diary logs, facsimile logs, telephone records, call sheets, tape recordings, video/movie recordings, notes, examinations, opinions, folders, files, books, manuals, pamphlets, forms, drawings, charts, photographs, electronic mail, and other documents and things that refer relate the following any way, within twenty (20) business days: [Insert detailed information about documents sought.] any responsive record portion thereof claimed exempt from production under FOIA, sufficient identifying information (with respect each allegedly exempt record portion thereof) must provided allow the assessment the propriety the claimed exemption. Vaugh Rosen, 484 F.2d 820 (D.C. Cir 1973), cert denied, 415 U.S. 977 (1974). Additionally, any reasonably segregable portion responsive record must provided after redaction any allegedly exempt material, the law requires. U.S.C. 552(b). order help determine status for purposes determining the applicability any fees, you should know that [insert suitable description the requester and the purpose the request]. willing pay fees the amount $___. the fees will exceed this amount, please inform before fees are incurred. can contacted [include preferred method communication], necessary discuss any aspect this request. look forward receiving the requested documents and full fee waiver within twenty (20) business days. Sincerely, [Signature] [Name] [Address] [Telephone (optional)] Chapter Sample FOIA Appeal Letter VIA FACSIMILE (202) 555-1234 AND CERTIFIED MAIL Date FOIA Officer Agency Address Re: Appeal FOIA Request ### Dear Sir/Madam: [Date], filed Freedom Information Act (FOIA) request with [Agency], requesting [Describe requested documents.] response letter dated [Date] [Official, Title] denied request. [Insert detail from letter about why the request was denied.] This letter respectfully appeals the determination [Name Official] The information requested under FOIA must disclosed because [Insert reason.] also appeal the decision charge for search and review costs. [Insert reason.] Sincerely, [Signature] [Name] [Address] [Telephone (optional)] Chapter Sample Request Letter VIA FACSIMILE (202) 555-1234 AND CERTIFIEDMAIL No.: 1234 5678 9101 1121 Date Officer Name Agency Address Agency Re: Privacy Act Request Dear [PA Officer]: Pursuant the Freedom Information Act, U.S.C. 552, and the Privacy Act, U.S.C. 552a, seek access and copies all records about which [Agency Name] has its possession within twenty (20) business days. [If seeking specific document, give much detail possible.] assist with your search for these records, providing the following additional information: [Include full name, Social Security number, date and place birth. You may also provide additional information such other names used former places residence.] any responsive record portion thereof claimed exempt from production under the PA, sufficient identifying information (with respect each allegedly exempt record portion thereof) must provided allow the assessment the propriety the claimed exemption. Vaugh Rosen, 484 F.2d 820 (D.C. Cir 1973), cert denied, 415 U.S. 977 (1974). Additionally, any reasonably segregable portion responsive record must provided after redaction any allegedly exempt material, the law requires. U.S.C. 552(b). reserve the right appeal any decision withhold information. promise pay reasonable fees incurred the copying these documents the amount [Specify dollar amount]. the estimated fees will greater than that amount, please contact before such expenses are incurred. you have any questions regarding this request, please contact [Insert Email Address and/or Telephone Number]. Please send the documents to: [Specify address]. look forward receiving the requested documents within twenty (20) business days. Sincerely, [Signature] [Your Name] [Address] Chapter Sample Appeal Letter VIA FACSIMILE (202) 555-1234 AND CERTIFIED MAIL Date Officer Agency Address Re: Appeal Request Dear Sir/Madam: This appeal under the Privacy Act and the Freedom Information Act the denial request for access records. [Date], requested access records under the Privacy Act 1974. request was assigned the following identification number: ________. [Date], received response request letter signed [Name Official]. This letter respectfully appeals the determination [Name Official]. The records withheld should disclosed because [Insert Reason]. This appeal also being made under FOIA and any additional information that would disclosed under FOIA should disclosed. can contacted [Insert Telephone Number and/or Email Address], between the hours and __, there need discuss this appeal. Sincerely, [Signature] [Name] [Address] [Telephone (optional)] Chapter FOIA and FAQs What the Freedom Information Act? The Freedom Information Act U.S.C. Section 552) (FOIA) was enacted Congress 1966 order give the public the right obtain and access information from federal government agencies. While FOIA does not require the government create any documents regarding information request answer questions posed request, does require the agency release any document, file other record that exists pertaining your request. FOIA was amended 1974 force greater agency compliance and again 1996 include electronic information. What the Privacy Act? The Privacy Act 1974 (PA) provides safeguards against the invasion privacy the misuse records and applies personal information maintained agencies the executive branch the federal government. The allows citizen learn how records are collected, maintained, used and disseminated federal agencies; also allows individuals access that information and seek correction inaccurate, incomplete irrelevant information. Additionally, the Privacy Act provides safeguard against others accessing information about you that could warrant invasion privacy. Agencies subject the FOIA are also subject the Privacy Act. Who eligible make FOIA request? FOIA request can made any individual, partnership, corporation, association foreign government. Requests can also made behalf any person attorney representative. Federal agencies are excluded from making FOIA requests; however, states and state agencies may so. Only United States citizens and legal permanent residents the United States are eligible make Privacy Act request. Therefore, nonresident foreign nationals may use the FOIA request records about themselves. How make request? The first step making request doing research. Determine the information you are seeking has already been made available. This information may available online FOIA reading rooms, electronic research databases requesting the documents from public interest groups. Your research will also inform you the key events and decision-makers your topic, help you pinpoint documents and agencies your requests, and keep you from requesting material extraneous your interest. FOIA requests must made writing the agency that holds the records. The letter should state that the request being made under FOIA and/or the PA, identify the records that are being sought, and include the name and address the requester. Inclusion telephone number can expedite the process providing means for the agency quickly contact you. Fees vary with the status purpose the requester, the letter should include the category which you belong commercial, educational, media other well statement your willingness pay fees. Additionally, requests may require statement notarization verify identity. Check with individual agencies for their policy. Should make FOIA request? The provisions the FOIA and overlap parts. The laws have differing procedures and exemptions, resulting the ability information exempted under one law and disclosable under the other. take maximum advantage the laws, both should cited the request; however, requests made for information that does not relate solely the requester may only made under FOIA. you have doubts about which laws utilize, cite both the FOIA and when making information document request. What kind information can request? FOIA applies any federal agency records that are either created obtained agency and under the agency control the time the request. Records can print electronic format, maps, photos, digital data, handwritten notes, and video and audio tapes. The only records subject the Privacy Act are those maintained system records. Under the law record includes most personal information maintained agency about individual. record contains individually identifiable information, including, but not limited to, information about education, financial transactions, medical history, criminal history employment history. system records group records that actually retrieved name, SSN other identifying number assigned individual. Not all personal information kept system records; however, this information accessible making FOIA request. How much will cost make request? FOIA requesters may have pay fees covering some all the costs processing their requests, which can possibly include search and review costs and the cost photocopies. Fees vary with the status purpose the requester. However, disclosure the requested information would substantially benefit the public interest, the laws generally require waiver reduction such fees. Additionally, the cost responding your request small that falls below certain level, most agencies automatically waive assessment the fees. Under the Privacy Act, fees may only charged for record-copying costs. fees are charged for the cost search and review the records determine any applicable exemptions. Many agencies will not charge fees for copying record, especially with small files, and agency can waive fees they pose financial hardship. How long will request take? Once agency has received FOIA request, that agency has business days respond the request. There are three appropriate responses: compliance with the request; non-compliance and the reason for not doing so; and the request for extension not more than days due unusual circumstances. Under the Privacy Act, there fixed time which the agency must respond; however, good agency practice acknowledge receipt the request days and provide the information requested days. many agencies FOIA and requests are processed the same personnel and are attended the order which they are received. What happens request denied? Not all records are available released; some records may withheld protect important government interests, such national security law enforcement. agency determines will not comply with the request you have received adverse response, you may appeal the decision. You must submit appeal postmarked within days the denial letter. The agency required respond the appeal within business days. the appeal denied, then the agency must inform you the provisions for judicial review. What kind information exempt under the Freedom Information Act? The nine FOIA exemptions U.S.C. 552(b)(1)-(9)) are: records currently and properly classified the interest national security; records related solely internal personnel rules and practices, which, released, would allow circumvention agency function; records protected another law that specifically exempts the information from public release; trade secrets and commercial financial information obtained from private source that would cause substantial competitive harm the source disclosed; internal records that are deliberative nature, are part the decision-making process, and contain opinions and recommendations; records which, released, would result clearly unwarranted invasion personal privacy; investigatory records information compiled for law enforcement purposes; records for the use any agency responsible for the regulation supervision financial institutions; and records containing geological and geophysical information (including maps) concerning wells. What kind information exempt under the Privacy Act? The Privacy Act contains similar exemptions. They are: (d)(5) information compiled anticipation civil actions proceedings, including administrative hearings; (j)(1) records maintained the CIA; (j)(2) records maintained agency which performs its principal function any activity pertaining the enforcement criminal laws and which consists identifying data compiled for the purpose criminal investigation, associated with identifiable individual; reports identifiable individual compiled any stage the process enforcement criminal laws; (k)(1) records relating the national defense foreign policy and are properly classified; (k)(2) records that are investigatory and compiled for law enforcement purposes; (k)(3) records pertaining the protection the President the United States; (k)(4) records that are required statute maintained and used solely statistical records; (k)(5) records that are investigatory and used for employee contractor suitability determinations; (k)(6) records that are federal service exam test materials; (k)(7) records that are armed services promotion evaluation materials. Chapter References and Informational Links Text the FOIA Text the Privacy Act Citizen Guide FOIA Your Right Federal Records Justice Dept. FOIA Guide Justice Dept. Privacy Act Overview Justice Dept. FOIA Electronic Reading Room State-by-State Open Records/FOIA Resource FOIA Contacts Federal Agencies Justice Dept. FOIA Policy Manual Annual FOIA Reports Federal Agencies Justice Dept. FOIA Post (web updates) Department Defense FOIA Handbook