1. Freedom of Information Act TRICARE Management Activity HEALTH AFFAIRS 2009 Data Protection Seminar TMA Privacy Office

2. Freedom of Information Act TRICARE Management Activity HEALTH AFFAIRS

3. TRICARE Management Activity HEALTH AFFAIRS 3 Freedom of Information Act Purpose The purpose of this presentation is to identify Freedom of Information Act (FOIA) expectations and the consequences when expectations are not met, from both the requester and government points-of-view

4. TRICARE Management Activity HEALTH AFFAIRS 4 Freedom of Information Act Objectives Upon completion of this presentation, you should be able to: − Identify sources that define expectations − Explain FOIA tolls when expectations are not met Cost categories Tolls for not meeting expectations Risks to TMA − Identify ways to meet expectations and reduce the toll − Relate FOIA expectations to your role

5. TRICARE Management Activity HEALTH AFFAIRS 5 Freedom of Information Act Road to Compliance - Introduction Expectations defined − FOIA of 1966 − Openness Promotes Effectiveness in our National (OPEN) Government Act of 2007 − DoD Directive 5400.07 “DoD Freedom of Information Act Program”, January 2, 2008 − DoD 5400.7-R “DoD Freedom of Information Act Program”, September 1998

6. TRICARE Management Activity HEALTH AFFAIRS 6 Freedom of Information Act Rules of the Road Public’s road to expectations − Right to know − Access to government business records, regardless of form − Informed on fee category and FOIA processing costs − Explanation of exemptions for withheld information − Timely and accurate compliance − Right to appeal determinations − Consistency of releases − Electronic records available on TRICARE Management Activity (TMA) FOIA reading room − Privacy protection under FOIA

7. TRICARE Management Activity HEALTH AFFAIRS 7 Freedom of Information Act Rules of the Road (continued) Government’s road to expectations − Requests made in writing − Scope of the request reasonably defines records sought − Willingness to pay search and reproduction fees − Requested records possessed and controlled by agency − Records exist, not created − All records released under FOIA become public domain

8. TRICARE Management Activity HEALTH AFFAIRS 8 Freedom of Information Act Public Toll Costs Fee Types (Assessments) Type of Charge Commercial ( C) Educational Institution (E) Non Commercial Scientific Institution (S) News Media (not for commercial use) (N) All Others (O) Searchall chargesno charge > 2 hours Reviewall chargesno charge Duplicationall charges>100 pages Waivernoyes Fee Reductionnoyes

9. TRICARE Management Activity HEALTH AFFAIRS 9 Freedom of Information Act Public Toll Costs (continued) Delayed response times Partial response to request Records received not the same as records sought Wrong assumptions

10. TRICARE Management Activity HEALTH AFFAIRS 10 Freedom of Information Act Government Toll Costs Non-compliance with FOIA statute Waived fees under the OPEN Government Act of 2007 Risk of lawsuits Litigation and attorney fees Congressional letters Reputation

11. TRICARE Management Activity HEALTH AFFAIRS 11 Freedom of Information Act Reducing the Toll Your role in meeting expectations − Change perceptions FOIA no longer “Other Duties as Assigned” Obama: “In the face of doubt, openness prevails” − Respond to FOIA Tasks Data Signed Form SF472 Completed Form DD2086

12. TRICARE Management Activity HEALTH AFFAIRS 12 Freedom of Information Act Summary You should now be able to: − Identify sources that define expectations − Explain FOIA tolls when expectations are not met Cost categories Tolls for not meeting expectations Risks to TMA − Identify ways to meet expectations and reduce the toll − Relate FOIA expectations to your role

13. TRICARE Management Activity HEALTH AFFAIRS 13 Freedom of Information Act Resources Freedom of Information Act (FOIA) of 1966 OPEN Government Act of 2007 DoDD 5400.07 “DoD Freedom of Information Act Program”, January 2, 2008 DoD 5400.7-R “DoD Freedom of Information Act Program”, September 1998 Subscribe to the TMA Privacy Office E-News at: http://www.tricare.osd.mil/tmaprivacy/Mailing-List.cfm For subject matter questions: Privacymail@tma.osd.mil