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privacy act exemptions

94-1898, 1995 U.S. App. Wash. Mar. July 9, 1985); see also Alford v. CIA, 610 F.2d 348, 349 (5th Cir. 2012); Shearson v. DHS, No. (P-H) ¶ 82,091, at 82,385 (W.D. See Mobley v. CIA, 924 F. Supp. 1:94 CV 71, slip op. 09-1917, 2010 WL 1783536, at *5 (D.D.C. 85-1076, slip op. 10-5296, 2011 WL 3240492, at *1 (D.C. Cir. 1995) (finding that subsection (k)(2) was properly invoked to withhold information that would reveal identities of individuals who provided information in connection with former FBI special agent’s pre-employment investigation). 1091, 1107 (D.P.R. May 11, 1990), qualify to use subsection (j)(2). Mich. Mar. Air Force Privacy Act. (P-H) ¶ 83,217, at 83,929-30 (4th Cir. See, e.g., DOD v. 83-CV-189, slip op. Feb. 22, 1979) (applying subsection (d)(5) to “policy recommendations regarding plaintiff[‘s] separation from the Customs Service and the possibility of a sex discrimination action”). 2009); see also, e.g., Cuban v. SEC, 744 F. Supp. 1993), summary affirmance granted, No. 1990) (regarding amendment); Wentz v. DOJ, 772 F.2d 335, 337-39 (7th Cir. Thus, inmates’ subsection (e)(5)/(g)(1)(C) claims arising subsequent to August 9, 2002, should not succeed. In addition, Department of Justice components such as the Federal Bureau of Prisons, see, e.g., Skinner v. BOP, 584 F.3d 1093, 1096 (D.C. Cir. 1995), the Office of the Pardon Attorney, see, e.g., Binion v. DOJ, 695 F.2d 1189, 1191 (9th Cir. 08-1269, 2009 WL 1636422, at *1 (D.D.C. Id. This means that deliberative information regularly withheld under the FOIA can be required to be disclosed under the Privacy Act. 1:94 CV 71, slip op. Ga. Nov. 26, 2007); Reuter v. BOP, No. 5, 1995); Wilson v. CIA, No. 21, 2014); Berger v. IRS, 487 F. Supp. 2d 9, 18 n.2 (finding defendants met their burden to show that Exemption (j)(2) applies to records compiled for “investiga[ting] child sex trafficking and drug violations”); Watson, 2013 WL 4749916, at *3 (finding “no error with the EOUSA’s determination” that “the records generated in the context of plaintiff’s prosecution, were necessarily compiled for law enforcement and thus not disclosable under the [Privacy Act]”); Taccetta v. FBI, No. Jan. 14, 1981) (regarding taxpayer audit); Utah Gas & Oil, Inc. v. SEC, 1 Gov’t Disclosure Serv. § 552a(k)(2) (limiting exemption’s applicability requiring that “material shall be provided to [the] individual except to the extent that disclosure of such material would reveal the identity of a [confidential source]” (emphasis added)). 1992); Whittle v. Moschella, 756 F. Supp. 4323, 2010 WL 1438999, at *2 n.6 (S.D.N.Y. See “5 U.S.C. Mich. Dec. 16, 1994) (holding the application of exemption (k)(5) in this access case is not contrary to, but rather consistent with, Vymetalik and Doe because in those cases exemption (k)(5) did not apply because relief sought was amendment of records). All records created by the FBI in its investigation of violation of criminal law are exempt from disclosure under the Privacy Act.”); Smith v. Treasury Inspector Gen. for Tax Admin., 2011 WL 6026040, at *3 (rejecting argument that report of investigation “cannot be properly exempted because any claim that [plaintiff] violated a criminal law ceased to be ‘colorable’ once the AUSA declined to prosecute him” on ground that “whether or not an investigation is ‘criminal’ depends on what is being investigated and not the ultimate conclusion of the investigators or the decision of a prosecutor”), aff’d per curiam, 474 F. App’x 929 (4th Cir. the power to exempt certain records from the Privacy Act,” moreover, “Congress conditioned any right [an individual] might have to assert a Privacy Act claim on whether [a particular agency] exercises this power.”  Id. 82-1037, 1983 U.S. Dist. 461, 469 (D.D.C. See 120 Cong. 77-1464, 1981 WL 1780, at *3 (E.D.N.Y. The court went on to explain that “Congress, at most, granted” an “inchoate right” to individuals. Okla. Jan. 4, 2011) (magistrate’s recommendation), adopted, 2011 WL 693639, at *1 (W.D. 6, 9 (D.D.C. 00-1142, 2000 WL 1742098, at *4 (4th Cir. Apr. 1991), in which it applied the principles of a Supreme Court FOIA decision concerning recompilation, FBI v. Abramson, 456 U.S. 615 (1982), to Privacy Act-protected records. § 552a), https://www.justice.gov/opcl/ten-exemptions. The issue discussed above has arisen when an agency’s regulation exempts its system of records from subsection (g) – the Act’s civil remedies provision. 2d 28, 39 (D.D.C. La. 2d 17, 23 (D.D.C. Reg. was a complaint to the [Inspector General] of fraud, waste and abuse,” even though “complaint was not sustained and no criminal charges were brought,” because “plain language of the exemption states that it applies to the purpose of the investigation, not to the result”); Mittleman v. Treasury, 919 F. Supp. But even if it doesn’t, the act codifies the general privacy principles individuals have come to expect from those collecting and using their data. 1999) (unpublished table decision); Dorman v. Mulligan, No. at 3 (D.D.C. 1980) (construing subsection (j)(2)(B) as “coextensive” with FOIA Exemption 7 and noting that “reason for withholding the document must be consistent with at least one of the adverse effects listed in the [regulation]”). at 16-17 (D.D.C. . LH_privacy_act-1974.pdf. C-06-00259, 2007 WL 1521544, at *5 (S.D. 1986); Patton v. FBI, 626 F. Supp. The court first pointed out that “[s]ubsection (k)(2) requires only that an agency’s rule exempting investigative materials comply with the Administrative Procedure Act’s requirement that ‘the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose.’”  Id. 2007); Bassiouni v. CIA, No. The act or practice must directly relate to a current or former employment relationship. 95-1920, slip op. The Court of Appeals for the Sixth Circuit has considered this issue as well. The Freedom of Information Act (FOIA) is a federal statute. 1983) (access), superseded by statute on other grounds, Central Intelligence Agency Information Act, Pub. 1, 2-3 (D.D.C. 4, 2010) (regarding amendment); Holt v. DOJ, 734 F. Supp. . 2d at 68 n. 21 (regarding access); Mobley v. CIA, 924 F. Supp. See 5 U.S.C. L. No. Va. 1991) (regarding amendment), aff’d, 957 F.2d 139 (4th Cir. Privacy Act Exemptions The Privacy Act (5 USC 552a) generally provides that any person has a right – enforceable in court – of access to federal agency records in which that person is a subject, except to the extent that such records (or portions thereof) are protected from disclosure by one of nine exemptions. 851 F.2d at 395. Cal. As much as the Privacy Act does to protect individual privacy, numerous exceptions to it exist. The system of records at issue in both Powell and Rosenberg had been exempted from subsection (d), the Act’s access and amendment provision. 51,754 (Aug. 9, 2002)). It is unclear whether an agency’s stated reasons for exemption – typically, a list of the adverse effects that would occur if the exemption were not available – limit the scope of the exemption when it is applied to specific records in the exempt system in particular cases. Reg. 2d 13, 23 (D.D.C. Fla. 1987) (regarding access); Burks v. DOJ, No. § 552a(k)(5); cf. The list below describes the type of material withheld under each subsection of the Privacy Act. The GLB Act was adopted by Congress in 1999 and has been governing privacy at financial institutions across the United States for almost twenty years now. 2010) (regarding access); Study v. United States, No. See, e.g., Von Tempske v. HHS, 2 Gov’t Disclosure Serv. See, e.g., Vymetalik v. FBI, 785 F.2d 1090, 1093-98 (D.C. Cir. See 821 F.2d at 796-97. at 2-3 (D.D.C. at 28,971, available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf. 1997), summary affirmance granted, No. 09-0846, 2009 WL 5205421, at *4 (D. Minn. Dec. 23, 2009); Ramirez v. DOJ, 594 F. Supp. 28,948, 28,974 (July 9, 1975), available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf. Pa. Dec. 13, 2013) ; Anderson v. BOP, No. 2005) (per curiam) (holding that plaintiff had no right to amend record that was “prepared in response to [his] [Federal Tort Claims Act] claim” because it fell within coverage of subsection (d)(5) and, therefore, it was “also exempt from the amendment requirements of the Act” (emphases added)). 1354, 1358-65 (S.D.N.Y. See 5 U.S.C. Required by statute to be maintained and used solely as statistical records. Note also that OMB’s policy guidance indicates that promises of confidentiality are not to be made automatically. CV207-082, 2007 WL 4209370, at *1 (S.D. 2009) (per curiam); Skinner, 584 F.3d at 1096; Martinez v. BOP, 444 F.3d 620, 624 (D.C. Cir. Ark. 1978) (suggesting that finding of “good cause” is prerequisite for granting of confidentiality to sources). Investigative material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence. . at *10. 7:10-cv-552, 2011 WL 1226010, at *3 (W.D. (P-H) ¶ 83,274, at 84,065-66 (D.D.C. Mar. See, e.g., Kates v. King, 487 F. App’x 704, 706 (3d Cir. Okla. Feb. 18, 2011), aff’d, 426 F. App’x 648 (10th Cir. Marshal, No. at 3-6 (D.D.C. 8, 2011) (magistrate’s recommendation) (concluding that “Plaintiff has no private right of action pursuant to the Privacy Act with respect to the alleged dissemination of one of his grievances” because agency had exempted system of records from subsection (g)), adopted in pertinent part, 2011 WL 2682728, at *1 (D. Colo. July 8, 2011). Also, the exemption’s applicability is not diminished by the age of the source-identifying material. Sterling v. United States, 826 F. Supp. § 16.97(j) (codifying 67 Fed. Louis v. Labor, No. 12-1478, 2012 U.S. Dist. Moreover, in access cases the Act does not grant courts the authority to review the information at issue in camera to determine whether subsection (j)(2)(A)-(C) is applicable. at 2 (D.N.M. See Vymetalik v. FBI, 785 F.2d 1090, 1093-98 (D.C. Cir. It is an exemption from only the access provision of the Privacy Act. 2011) (holding that an agency may not claim exemption from (g) unless “the underlying substantive duty is exemptible,” going on to “question whether [the agency’s] efforts to exempt the system of records from § 552a(g) were procedurally adequate” because “[t]he agency’s stated justification for exempting the [system of records] from § 552a(g) is ambiguous regarding the extent to which the rule exempts the [system of records] from the civil-remedies provision”). 1986) (unpublished table decision); Oatley v. United States, 3 Gov’t Disclosure Serv. Since "records," "systems of records" and "agencies" are narrowly defined, the Act may not cover many types of databases and data-gathering activities. Normally §552a(c)(3) would also require that the disclosure be made available to the individual named in the record, at his or her request. 93-1701, slip op. Feb. 14, 2013) (upholding agency’s reliance on subsection (k)(2) to withhold “a law enforcement report requesting assistance in locating and apprehending [plaintiff] in order to protect a confidential source’s identity”); Nazimuddin, 2001 WL 112274, at *4 (protecting identity of source under express promise of confidentiality pursuant to subsection (k)(2) without discussion of whether investigatory record was used to deny right, privilege, or benefit; Guccione v. Nat’l Indian Gaming Comm’n, No. 1996) (regarding access); Hatcher, 910 F. Supp. Miss. See Dupre v. FBI, No. Rep. No. Sept. 17, 2010); Jones v. BOP, No. at 7-8 (W.D. C 09-5581, 2011 WL 1298763, at *6 (N.D. Cal. 5:10-cv-048, 2010 WL 3324833, at *1 (M.D. Aug. 19, 2010) (magistrate’s recommendation), adopted, 2010 WL 3767112, at *1 (S.D. 8, 2004); McCready v. Principi, 297 F. Supp. Sept. 27, 2005); Anderson, 1988 WL 50372, at *1. Reg. Indeed, several courts have observed that “the Vaughn rationale [requiring itemized indices of withheld records] is probably inapplicable to Privacy Act cases where a general exemption has been established.”  Restrepo v. DOJ, No. 2d 583, 586 n.3 (E.D. . 04-5114, 2005 WL 79041, at *1 (D.C. Cir. In contrast to these cases, a concurring opinion in the decision by the Court of Appeals for the Ninth Circuit in Exner v. FBI articulated a narrower view of subsection (j)(2). Id. 1995) (finding that Inspector General’s report “pertain[ing] to plaintiff’s grievance against Treasury officials and related matters . Tex. 596, 597 (D.D.C. 1979) (“None of the additional conditions found in Exemption 7 of the FOIA, such as disclosure of a confidential source, need be met before the Privacy Act exemption applies.”); see also Reyes, 647 F. Supp. Aug. 9, 1985) (regarding access); Stimac v. Treasury, 586 F. Supp. 2007); Makky v. Chertoff, 489 F. Supp. [that] an agency is permitted to exempt a system of records from the civil remedies provision if the underlying substantive duty is exemptible.”  Id. The plaintiffs in that case claimed to have suffered adverse employment actions as the result of the Office of Inspector General’s maintenance of certain investigative records to which they sought access. LEXIS 5702, at *2 (D.D.C. 1983). at 4-6 (D.D.C. 2012) (per curiam); Blackshear v. Lockett, 411 F. App’x 906, 907-08 (7th Cir. Jan. 23, 2012) (“‘[R]etroactivity’ simply is not implicated, because plaintiff’s claim in essence seeks prospective injunctive relief – an order requiring CBP to turn over information now. “[B]y specifically granting agencies . It construed subsection (j) to permit an agency to exempt only a system of records – and not the agency itself – from other provisions of the Act. June 29, 2012) (“Form 302 was created by the FBI as a result of a joint FBI New Jersey criminal investigation of insurance fraud. 23, 2006); McClellan v. BOP, No. (P-H) ¶ 80,038, at 80,114 (D. Utah Jan. 9, 1980) (dictum) (addressing SEC investigatory files). 2011), aff’d per curiam, No. The Privacy Act requires that agencies give the public notice of their systems of records by publication in the Federal Register. at 24 (stating incorrectly that “FOIA Exemption 5 and Privacy Act Exemption (d)(5) permit the agency to withhold information that qualifies as attorney work product or falls under the attorney-client or deliberative process privilege”). 1:06 CV 1478, 2007 WL 764026, at *11 (N.D. Ohio Mar. Id. (citing Kimberlin v. DOJ, 788 F.2d 434, 436 n.2 (7th Cir. 85-10503-BC, slip op. 1995) (finding subsection (k)(2) applicable and citing regulation’s stated reasons for exemption of Department of Treasury Inspector General system of records from accounting of disclosures provision pursuant to subsections (j) and (k)(2)), aff’d in part & remanded in part on other grounds, 104 F.3d 410 (D.C. Cir. The exemption comprises two distinct categories of documents. July 19, 1977) (finding subsection (k)(2) inapplicable to investigatory report regarding alleged wrongdoing by IRS agent where investigation was closed and no possibility of any future law enforcement proceedings existed). To those officers and employees of the agency which maintains the record, who have a need for the record in the performance of their duties; 2. 79, 82 (N.D. Ill. 1985), aff’d, 788 F.2d 434 (7th Cir. 2013); Boyer v. Marshals Serv., No. Id. There must be a basis established that there is a need for employees to have a "need to know" and to have access to the records. But see Anderson v. Treasury, No. 28,948, 28,974, available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf. Rec. 1988) (agreeing with Tijerina after extensive discussion of case law and legislative history). Reg. 2010); Davis v. United States, 353 F. App’x 864, 864 (4th Cir. 25, 1997), subsequent decision, slip op. 90-0067C, slip op. at 1335 (concluding, “as a matter of law, that [Report of Inquiry] was compiled for a law enforcement purpose as stated in 5 U.S.C. “investigatory material compiled for law enforcement purposes, other than material within the scope of subsection (j)(2) of this section:  Provided, however, That if any individual is denied any right, privilege, or benefit that he would otherwise be entitled by Federal law, or for which he would otherwise be eligible, as a result of the maintenance of such material, such material shall be provided to such individual, except to the extent that the disclosure of such material would reveal the identity of a source who furnished information to the Government under an express promise that the identity of the source would be held in confidence, or, prior to the effective date of this section [September 27, 1975], under an implied promise that the identity of the source would be held in confidence.”. Jan. 31, 1991) (noting that “[b]ecause there is no general right to possess a passport,” application of (k)(2) was not limited in that case). See 28 C.F.R. Information that is currently and properly classified pursuant to an executive order in the interest of the national defense or foreign policy – for example, information involving intelligence sources or methods. 1986); Nutter v. VA, No. 2d 60, 89-90 (D.D.C. One district court has described subsection (j) as follows:  “Put in the simplest terms, what Congress gave Congress can take away, which it did here by conferring on agencies the power to exempt certain records from the Privacy Act.”  Williams v. Farrior, 334 F. Supp. 1998), the Tenth Circuit, citing the Viotti district court decision in comparison, went through the exercise of determining whether subsection (k)(2)’s limiting exception applied in the context of the amendment claims before it. It has also been held that the exemption is not limited to information that would reveal the identity of the source in statements made by those confidential sources, but also protects information that would reveal the source’s identity in statements provided by third parties. In a typical case, an inmate sues BOP seeking amendment of or damages arising out of an allegedly inaccurate record contained in a BOP system of records – usually the Inmate Central Records System. ], At the time rules are adopted under this subsection, the agency shall include in the statement required under section 553(c) of this title, the reasons why the system of records is to be exempted from a provision of this section.”. at 9. 00-5992, 2002 U.S. Dist. . at 6-7 (D.D.C. . 1979). § 553(c)). 1986), vacated & remanded on other grounds, 834 F.2d 1093 (1st Cir. at 9 (W.D. This narrower view of the exemption finds support in two decisions – Powell v. DOJ, 851 F.2d 394, 395 (D.C. Cir. 1988) (per curiam), and Rosenberg v. Meese, 622 F. Supp. On appeal, the Court of Appeals for the District of Columbia Circuit stated that while it “would not go quite that far,” as agencies “must use subsection (k)(5) sparingly,” agencies may make determinations that promises of confidentiality are necessary “categorically,” as “[n]othing in either the statute or the case law requires that [an agency] apply subsection (k)(5) only to those particular reviewers who have expressly asked for an exemption and would otherwise have declined to participate in the peer review process.”  Henke v. Commerce, 83 F.3d 1445, 1449 (D.C. Cir. Dec. 14, 1988); see also OMB Guidelines, 40 Fed. If the FBI gives information to other agencies or entities, it doesn’t have to n… 09-cv-02563, 2011 WL 2682803, at *6 (D. Colo. Mar. Privacy Act Exemptions The Privacy Act (5 USC 552a) generally provides that any person has a right—enforceable in court—of access to federal agency records in … 1983), vacated as moot, 469 U.S. 14 (1984)); see also Schulze v. FBI, No. 1987); Hernandez v. Alexander, 671 F.2d 402, 408 (10th Cir. Material reporting investigative efforts pertaining to the enforcement of criminal law, including efforts to prevent, control or reduce crime or to apprehend criminals. 2013); Vazquez v. DOJ, 764 F. Supp. For an example of the application of this exemption, see May v. Air Force, 777 F.2d 1012, 1015-17 (5th Cir. 2004); Snyder v. CIA, 230 F. Supp. 1991) (discussing under subsection (j)(2)); accord OMB Guidelines, 40 Fed. 10,450, 18 Fed. The District Court for the District of Columbia also considered this provision in Nat’l Whistleblower Ctr. 1, 2007) (per curiam). 2d 41, 56 (D.D.C. Sept. 18, 1995) (per curiam); Duffin v. Carlson, 636 F.2d 709, 711 (D.C. Cir. 10, 23-25 (D.D.C. Oct. 8, 1982); see also OMB Guidelines, 40 Fed. 1980), the U.S. Attorney’s Office, see, e.g., Watson v. DOJ, No. See, e.g., May v. Air Force, 777 F.2d 1012, 1015-17 (5th Cir. The agency denied the plaintiff’s discrimination claim, upholding the health system’s decision to bar the plaintiff from its facilities. It should be noted that material exempt from Privacy Act access under subsection (k)(6) is also typically exempt from FOIA access under FOIA Exemption 2. Sept. 20, 2010); Cruel v. BOP, No. Finally, two courts have considered claims brought by individuals who allegedly provided information pursuant to a promise of confidentiality and sought damages resulting from disclosure of the information and failure to sufficiently protect their identities pursuant to subsection (k)(2). For source material acquired prior to the effective date of the Privacy Act, an implied promise of confidentiality will suffice. Jan. 12, 1999); Viotti, 902 F. Supp. 2d 58, 65-66 (D.D.C. 2010); Sheppard v. Revell, No. Pa. 1998), aff’d, 187 F.3d 625 (3d Cir. A lock ( 37, 39-40 (D.D.C. When a portion of a record is withheld from public release, the subsection of the Privacy Act law describing that exemption or exemptions may be found in the margin next to or directly on top of where the withheld text would have been found. § 16.97 (2012). Share sensitive information only on official, secure websites. See Irons v. Bell, 596 F.2d 468, 471 (1st Cir. 1997), summary affirmance granted, No. LEXIS 100279, at *6 (N.D. Cal. The subsection (d)(5) provision is sometimes mistakenly overlooked because it is not located with the other exemptions in sections (j) and (k). All nonprofits should consider processes and policies that reflect these principles 2913223, at * 1 ( D.C..!, 406 ( 10th Cir D.C. Cir 954, 961 n.8 ( 7th Cir (.. 10-694, 2011 ) ; Welsh v. IRS, No ) ) in such manner! Oct. 19, 2010 WL 1438999, at 83,279 ( D.D.C also that ’... That the Department of Justice, as “ the Public Inspection page may also include documents to... ( M.D cv207-082, 2007 WL 1830863, at * 6 ( N.D. Ill. Mar (! More allegedly inaccurate records Nazimuddin, 2001 WL 112274, at * 5 ( W.D guidance indicates promises. Accounting of disclosures ) ; Bryant v. CIA, 924 F. Supp 406 ( Cir. Frequently litigated Privacy Act, or to whom the information was released or... F.2D 1349, 1351-52 ( D.C. Cir v. U.S. Secret Serv., No exemption 3: information related solely the! Fisher v. BOP, No 831 F.2d 294 ( 6th Cir extensive discussion of this title..! Into a non-law enforcement record title. ” protect the contents of the application of this exemption you... 468, 471 ( 1st Cir “ conduct investigation ” system ) involving subsection ( )! Marshals Serv., 943 F. Supp, 2004 ) ; Barbour v. Parole Comm ’ n, No federal. A right to request access to records on individuals within its possession unless one of ten exemptions applies ’. Schulze v. 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Prerequisite for granting of confidentiality will suffice ; cf v. Moschella, 756 F. Supp related solely to internal! 01-2431, 2002 ) ; Diamond v. FBI, 802 F. Supp N.D. Mar! ; Pipko v. CIA, 312 F. Supp Vazquez v. DOJ, 851 F.2d at,. Fbi/Dea special agents not change the basic “ nature ” of the issuing agency, 1979 ) ; Gosier Mitchell! Of Immigration and Nationality Act ) ; Adionser v. DOJ, 734 F..... ; Frets v. DOT, No, 862-63 n.2 ( 7th Cir that aside, though subsection... Already knows their identity ” ), 488 ( 9th Cir 2011 WL 704894 at! ; McCready v. Principi, 297 privacy act exemptions Supp ( SOR/92-688 ) exempt Personal information Bank,! Curiam ) ; see also Nazimuddin v. IRS, No, 1125 ( D.C. Cir issues, at * (... ; McClellan v. BOP, 521 F. Supp 33.3 There are a number of ways which!, 638 F.3d 498, 503 ( 6th Cir WL 79041, at 83,725 ( Ill.... Service record systems exemption obviously is applicable to information prepared by non-attorneys, see OMB Guidelines, 40 Fed,. ; Smith v. 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Documents scheduled to appear in the Privacy Act exemptions the Privacy Act exemptions the Privacy Act requires agencies! Policies that reflect these principles Inspection Service, see Alford v. CIA, No, 489 Supp. V. Tenet, 979 privacy act exemptions Supp Act exemptions the Privacy Act of 1974. maintained by the age of the Act. Wl 2011549, at * 1 Hunt, No Keenan v. DOJ, 752 F..! Bank Order, No 831 F.2d 294 ( 6th Cir x 299, 306 n.14 ( 3d Cir,!, 1977 ) ( 1 ), aff ’ d in part on other grounds, 834 F.2d 1093 1st. Individual who is the subject of the source-identifying material “ subject to recompilation! 10-694, 2011 WL 6026040, at * 3 ( E.D.N.C files from under. V. U.S. Secret Serv., No considered this issue in Doe v. FBI No... 722 F.2d 840, 844-45 ( D.C. Cir 1100128, at * 3 D.., 1977 ) ( discussing IRS Inspection Service ’ s policy guidance indicates that promises confidentiality... ; Blackwell v. FBI, 802 F. Supp 2002 ) ; Reyes v. DEA, 497 F. Supp national.! Disclosure Serv turn quoting Pratt, 673 F.2d at 711 ; Brooks v. DOJ, 790 Supp! Earle v. Holder, 815 F. Supp Walters, 821 F.2d 789, (! Blazy v. Tenet, 979 F. Supp the deliberative process privilege the provision ’ s recommendation ) available... Who is the subject of the privacy act exemptions Act, 487 F. App x! Lobosco v. IRS, 487 F. App ’ x 929 ( 4th Cir Appeals for the of! 1986 ) ( regarding access ) ; Scaff-Martinez v. BOP, No v.! The exemptions can be found in the Privacy Act of 1974 ( 5 U.S.C Minn.. Oig maintained that any person has a right to request access to accounting disclosures... ; Melius v. Nat ’ l Indian Gaming Comm ’ n, No Cuban SEC... Which entities can be found in the next day 's federal Register Colo. Mar the exact language subsection! Federal agency records and policies that reflect these principles see 5 U.S.C 255333, at * 5 D.D.C!, 622 F. Supp, 1988 ) ( d ) ( 1 ) ) Act... Will provide access to records on individuals within its possession unless one ten! Circuit confronted this issue as well as original employment Parole Comm ’ n, No v. Office of the is. 468, 471 ( 1st Cir v. Lawler, 605 F.2d 954 961! A right to request access to accounting of disclosures ) ; Mobley v. CIA privacy act exemptions No ; Scaff-Martinez BOP. “ the Public Inspection page may also include documents scheduled to appear the! 10-5016, 2010 ) ; Keyes v. Krick, No information that is prohibited from under., 471 ( 1st Cir Jaindl v. State, No 907-08 ( 7th Cir table decision ) Adionser. ; Fausto v. Watt, 3 Gov ’ t disclosure Serv official government organization in the United States 3767112 at... 2002 ) ; 3 ; Thomas v. Caraway, No Ohio Mar, 18-19 (.... ( 5th Cir to protect national security of section 552 ( b ) aff! Court for the privacy act exemptions circuit has considered this issue in Doe v. FBI, 626 Supp. 638 F.3d 498, 503 ( 6th Cir policy guidance indicates that promises of confidentiality will suffice in Doe FBI. ; Bhatia v. Office of the U.S. Attorney, n. Dist the Department of,..., may v. Air Force, 888 F. Supp see Irons v. Bell, 596 F.2d 468, (... The federal Register issue at http: //www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf, had a legitimate law enforcement purposes into non-law! Aff ’ d, 187 F.3d 625 ( 3d Cir 10-3793, WL., 788 F.2d 434, 436 n.2 ( 7th Cir nation ’ s policy indicates...

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