1. Army FOIA/Privacy/Records Management Conference
Recent Significant FOIA and Privacy Act Litigation

2. Privacy Act
Definition of an Agency

3. Privacy Act
Subsection (e)(5) -- Wrongful Maintenance and Usage in an Agency Determination
Subsection (e)(7) – First Amendment

4. Privacy Act
Subsection (b)(2) – Required Disclosure under FOIA as an Exception to Privacy Act’s Prohibition on Disclosure

5. Freedom of Information Act
Procedural Issues
Expedited Access

6. Freedom of Information Act
Procedural Issues
A fee waiver is required “if disclosure of the information is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.”

7. Freedom of Information Act
Procedural Issues
Records maintained for an agency by a contractor for records management purposes are agency records

8. Freedom of Information Act
Procedural Issues
Attorneys fees: substantially prevail and
1. Court order or
2. Unilateral or voluntary
change of position

9. Freedom of Information Act
Procedural Issues
Presumption of openness
Discretionary disclosure

10. Freedom of Information Act
Exemption 1: “ (A) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order”

11. Freedom of Information Act
Exemption 2: “related solely to the internal personnel rules and practices of an agency”

12. Freedom of Information Act
Exemption 3: Protected by another federal statute

13. Freedom of Information Act
Exemption 4: “trade secrets and commercial or financial information obtained from a person and privileged or confidential”

14. Freedom of Information Act
Exemption 5: “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency”

15. Freedom of Information Act
Exemption 6: “personnel and medical files and similar files the disclosure of which would cause a clearly unwarranted invasion of personal privacy”

16. Freedom of Information Act
Exemption 7(A): “records or information compiled for law enforcement purposes to the extent that [their] production could reasonably be expected to interfere with enforcement proceedings”

17. Freedom of Information Act
Exemption 7(C): “records or information compiled for law enforcement purposes to the extent that [their] production could reasonably be expected to constitute an unwarranted invasion of personal privacy”

18. Freedom of Information Act
Exemption 7(E): “would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law”

19. Freedom of Information Act
Exemption 7(F): “records or informa- tion compiled for law enforcement purposes to the extent that [their] production could reasonably be expected to endanger the life or personal safety of any individual”