3.  Freedom of Information Act General Background. Access to Army Records. Exemptions. Exclusions. Procedural Rules for Processing FOIA Requests for Army Records.  THE PRIVACY ACT General Background. Sound Information Practices. Access and Amendment. Exemptions. Release of Personal Information to Third Parties. Remedial Provisions.

4.  All persons have a right of access to federal agency records,  Unless the records are specifically protected from disclosure by one of the nine exemptions, or  Three exclusions contained in the Act.  Army records are subject to FOIA.  The Army’s implementation - AR 25-55

5.  Three access requirements Federal Register Indexed and made available for public inspection and copying Made available to a person upon request, unless protected by a statutory exemption or exclusion.  Applies only to agency records  Does not apply to personal notes

6.  Nine exemptions  Classified Records.  Internal Personnel Rules and Practices.  Other Federal Withholding Statutes.  Trade Secrets and Confidential Commercial or Financial Information.  Internal Agency Memoranda and Other Privileged Communications.  Personal Privacy.  Records or Information Compiled for Law Enforcement.

7.  Exclusions authorize agencies to deny the records exist  Criminal investigations records  Confidential informant records, and specified records compiled by the FBI

8.  Request must be in writing,  Express a willingness to pay fees  Invoke FOIA, and  Proper custodian of the record. (Note: if not directed to proper custodian, government should refer the request to the proper agency.)  No denial authority.  Time sensitive.  Administrative appeal. FOIA Request

9.  Few restrictions on the collection, maintenance, and use of personal information.  Remedy abusive information practices.  AR 340-21 (5 Jul 85).  Access and amendment rights to the subject of the record.  Narrower than FOIA.  Exemptions.

10.  Minimize the intrusiveness: Public systems notices Limits collection Collecting from the subject of the record. Imposes a restriction on collecting information about a person’s First Amendment activities Requires advisement. Requires timely, relevant, reasonably accurate, and complete information.  Access and Amendment. Opportunity to access and amend own records.

11.  Prohibits disclosure to third parties.  Twelve statutory exceptions. Disclosure within DOD to those with a need to know.  The Privacy Act will not prevent commanders from doing their duties. Disclosure required by FOIA.  Not a “clearly unwarranted invasion of personal privacy (FOIA exemption 6 and 7(C)) balancing.”  Balancing of the public interest  Against the protection of personal privacy. Disclosure for routine uses.  Congressional inquiry, provided the inquiry was initiated by the subject of the record. Disclosure based on the written request by the head of a civilian law enforcement agency. Disclosure pursuant to a court order.

12.  Criminal and civil penalties.  Criminal prosecution if they willingly, knowingly, or intentionally violate the provisions of the Privacy Act.  The Army is subject to civil penalties.  Civil penalties are paid by the agency, criminal fines are paid by the individually named federal employee.

13.  The Law is on your side  Don’t be afraid to act  Think about FOIA and PA when making records  Protect health records  Confront contractors  Exam…  Remedial Provisions

14. Questions?