The 12 exceptions allow disclosure: 1. LockA locked padlock 1980), the U.S. Attorney’s Office, see, e.g., Watson v. DOJ, No. Dec. 16, 1985) (stating that subsection (d)(5) protects information “regardless of whether it was prepared by an attorney”); Barrett v. Customs Serv., No. (citing Londrigan v. FBI, 670 F.2d 1164, 1170 (D.C. Cir. at 2-3 (D.D.C. Jan. 27, 2012); Earle v. Holder, 815 F. Supp. Jan. 5, 2010); Jackson v. DOJ, No. Also, subsection (d)(5) does not incorporate other Exemption 5 privileges, such as the deliberative process privilege. Note, however, that the Ninth Circuit’s decision in Fendler v. BOP significantly narrowed the breadth of its earlier holding in Alexander. 28,948, 28,974, available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Thus, “[w]hen [an agency] exercise[s] this exemption power, any inchoate claim [an individual] may once have had [is] extinguished.” Id. . The exemption does not cover future employment relationships. 2005); Pipko v. CIA, 312 F. Supp. 98-477, codified at 5 U.S.C. 1980) (holding the addresses of three named persons “not exempt from disclosure under (k)(5) . 04-2263, 2005 WL 3275902, at *2 (D.D.C. 28,948, 28,974 (July 9, 1975), available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf. 2012). 11 cv 1852, 2013 WL 550077, at * 10 (D.D.C. Miss. “testing or examination material used solely to determine individual qualifications for appointment or promotion in the Federal service the disclosure of which would compromise the objectivity or fairness of the testing or examination process.”. at 28,971, available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf (“The public policy which dictates the need for exempting records . 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. is based on the need to protect the contents of the records in the system – not the location of the records. The Privacy Act prohibits the disclosure of information from a system of records absent of the written consent of the subject individual, unless the disclosure is pursuant to one of twelve statutory exceptions. Ark. 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. LEXIS 100279, at *6 (N.D. Cal. 19, 2006); Hatcher v. DOJ, 910 F. Supp. 97-5044 (D.C. Cir. The 12 exceptions allow disclosure: 1. Aug. 9, 1985) (regarding access); Stimac v. Treasury, 586 F. Supp. at 2 n.2, 7-9 (D.D.C. 1996) (regarding access); Hatcher, 910 F. Supp. It would seem to follow that subsection (k)(2) would likewise apply to background investigations of prospective FBI/DEA special agents. 2, 2007); Davis v. Driver, No. . For a further discussion of this provision, see OMB Guidelines, 40 Fed. § 16.97 (2012). 28,948, 28,973-74 (July 9, 1975), available at http://www.whitehouse.gov/sites/default/files/omb/assets/omb/inforeg/implementation_guidelines.pdf; 120 Cong. 1981), aff’d, 707 F.2d 75 (2d Cir. 2007); Robinson v. Vazquez, No. 705, 717 (D.D.C. at 4-6 (W.D. Having already determined that the information at issue did not qualify as a record “about” the plaintiff, that court recognized that subsection (k)(2) “does not prohibit agencies from releasing material that would reveal the identity of a confidential source” but rather “allows agencies to promulgate rules to exempt certain types of documents from mandatory disclosure under other portions of the Act.” Id. § 553(c)). at 9 (W.D. See, e.g., Alexander v. United States, 787 F.2d 1349, 1351-52 & n.2 (9th Cir. Jan. 8, 1992); Barber v. INS, No. 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. See 846 F.2d at 554 n.3 (observing that agency in Alexander “had clearly and expressly exempted its system of records from both subsection (e)(5) and subsection (g) . 2004); Snyder v. CIA, 230 F. Supp. 86-948C(1), slip op. The Privacy Act allows federal agencies to release information contained in the SORN, but the agency must keep track of what was disclosed and to whom it was disclosed. 2012); Shearson v. DHS, No. See Fendler, 846 F.2d at 553-54 & n.3 (declining to dismiss subsection (g)(1)(C) damages action – alleging violation of subsection (e)(5) – on ground that agency’s “stated justification for exemption from subsection (g) bears no relation to subsection (e)(5)”); Ryan v. DOJ, 595 F.2d 954, 957-58 (4th Cir. . § 552)… 84-2392, slip op. 7:10-cv-552, 2011 WL 1226010, at *3 (W.D. Pa. 1985), aff’d, 782 F.2d 1030 (3d Cir. See, e.g., Martin, 819 F.2d at 1188-89; Menchu v. HHS, No. 1979) (regarding access); Barouch, 962 F. Supp. The Privacy Act allows government agencies to exempt certain records from the access and amendment provisions. 77-3229, slip op. 1999); Duffin, 636 F.2d at 711; Brooks v. DOJ, 959 F. Supp. 1997) (construing subsection (d)(5) to protect communications between CIA’s Office of General Counsel and members of plaintiff’s Employee Review Panel while panel was deciding whether to recommend retaining plaintiff), summary affirmance granted, No. See Mobley v. CIA, 924 F. Supp. 2001), aff’d, No. Doe v. U.S. Civil Serv. Pa. 1998), aff’d, 187 F.3d 625 (3d Cir. at 3-6 (D.D.C. For a discussion of this exemption, see OMB Guidelines, 40 Fed. 94-1898, 1995 U.S. App. The .gov means it’s official. Criminal law enforcement records exempt under 5 U.S.C. See Binion, 695 F.2d at 1192-93 (9th Cir. More recently, the District Court for the District of Oregon applied the “Provided, however” provision to interview notes compiled by the Office for Civil Rights of the Department of Health and Human Services in the course of its investigation of a discrimination complaint filed by the plaintiff against a health system. The notes concerned accusations made by an employee of the health system that the plaintiff had harassed her, which led the health system to bar the plaintiff from its facilities. McCready v. Nicholson, 465 F.3d 1. Id. 2007) (discussing civil trust fund recovery penalty investigation), aff’d 288 F. App’x 829 (3d Cir. . Exemption (k)(5): Investigatory material used only to determine suitability, eligibility, or qualifications for federal civilian employment or access to classified information when the … Wash. May 15, 1990) (discussing enforcement of Immigration and Nationality Act); Welsh v. IRS, No. denied, 129 S. Ct. 2789 (2009); Melius v. Nat’l Indian Gaming Comm’n, No. The District Court for the District of Columbia has rejected the argument that an agency failed to comply with subsection (k) because the agency’s statement of reasons for exempting the system of records “appears only in the Federal Register, and not in the Code of Federal Regulations where the rule was eventually codified.” Nat’l Whistleblower Ctr. 16, 1988); Moessmer v. CIA, No. § 552a(t); Smith v. DOJ, No. Nov. 5, 2012) (regarding access); Marshall v. FBI, 802 F. Supp. 29, 1953)). Pa. Dec. 13, 2013) ; Anderson v. BOP, No. Circuit held that an agency cannot insulate itself from a wrongful disclosure damages action (see 5 U.S.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. 25, 1997), subsequent decision, slip op. Subsection (k)(1) simply incorporates FOIA Exemption 1, 5 U.S.C. Feb. 19, 1987); Demetracopoulos v. CIA, 3 Gov’t Disclosure Serv. 2d 13, 23 (D.D.C. (P-H) ¶ 83,274, at 84,065-66 (D.D.C. Mar. Shearson v. DHS, 638 F.3d 498, 503 (6th Cir. 02-1094, slip op. § 552a(j)(1) and (j)(2), “The head of any agency may promulgate rules, in accordance with the requirements (including general notice) of sections 553(b)(1), (2), and (3), (c), and (e) of this title, to exempt any system of records within the agency from any part of this section except subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and (i) if the system of records is, maintained by the Central Intelligence Agency; or, maintained by an agency or component thereof which performs as its principal function any activity pertaining to the enforcement of criminal laws, including police efforts to prevent, control, or reduce crime or to apprehend criminals, and the activities of prosecutors, courts, correctional, probation, pardon, or parole authorities, and which consists of. 1986) (unpublished table decision); Oatley v. United States, 3 Gov’t Disclosure Serv. 2d 669, 678-79 (D.N.J. Reg. Mar. McCready v. Nicholson, 465 F.3d 1 (D.C. Cir. 1980); Reyes v. DEA, 647 F. Supp. 1983) (referencing legislative history in support of “a broad exemption” because these records “contain particularly sensitive information” (quoting H.R. Postal Service component, see Anderson v. USPS, 7 F. Supp. Therefore, subsection (k)(2) does not include material compiled solely for the purpose of a routine background security investigation of a job applicant. 1:94 CV 71, slip op. 02-4049, 2004 U.S. Dist. However, if a FOIA exemption – typically, Exemption 6 or Exemption 7(C) – applies to a Privacy Act-protected record, the Privacy Act prohibits an agency from making a “discretionary” FOIA release because that disclosure would not be “required” by the FOIA within the meaning of subsection (b)(2). 2011). 1991). This is an agency disclosure to agency employees who need to use the records when performing their duties. Exemption 3: Information that is prohibited from disclosure by another federal law. 5.24 Section 33 exempts documents that affect Australia’s national security, defence or international relations. May 18, 2010); Mosby v. Hunt, No. 1:94 CV 71, slip op. 1987). 1982))); see also Nazimuddin v. IRS, No. 571, 572-73 (E.D. at 15 & n.2, 16-18 (E.D. Reg. 36,959-60 (1974), reprinted in Source Book at 936-38, available at http://www.loc.gov/rr/frd/Military_Law/pdf/LH_privacy_act-1974.pdf. 93-1701, slip op. La. 596, 597 (D.D.C. See 5 C.F.R. 2011), aff’d per curiam, No. 2000) (finding that information at issue did qualify as “record” under Privacy Act); Sterling v. United States, 798 F. Supp. Reg. LEXIS 2921, at *17 (D.N.J. 2489 (Apr. Overview of the Privacy Act of 1974. maintained by the Central Intelligence Agency; or. 27, 1986), aff’d, 831 F.2d 294 (6th Cir. 2010). 08 CV 9591, 2010 WL 23326, at *4-5 (S.D.N.Y. It should be noted, however, that this provision is in certain respects not as broad as Exemption 5 of the Freedom of Information Act, 5 U.S.C. at 232-33. The system of records at issue in both Powell and Rosenberg had been exempted from subsection (d), the Act’s access and amendment provision. 17, 19-21 (D.D.C. However, in Doe v. DOJ, 790 F. Supp. Marshal, No. Oct. 21, 1986) (regarding taxpayer audit); Spence v. IRS, No. 2006); Scaff-Martinez v. BOP, 160 F. App’x 955, 956 (11th Cir. 1986) (dismissing subsection (g)(1)(C) damages action – alleging violation of subsection (e)(5) – on ground that system of records was exempt from subsection (g) even though implementing regulation mentioned only “access” as rationale for exemption); Wentz, 772 F.2d at 336-39 (dismissing amendment action on ground that system of records was exempt from subsection (d) even though implementing regulation mentioned only “access” as rationale for exemption and record at issue had been disclosed to plaintiff). See Seldowitz v. OIG, No. Under the existing law, entities may be exempt from the … may be made within and/or outside DoD. This means that deliberative information regularly withheld under the FOIA can be required to be disclosed under the Privacy Act. 2011) (regarding access to accounting of disclosures); Murray v. BOP, 741 F. Supp. Material used to determine the potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to the promise that his/her identity would be held in confidence. 2013); Louis v. Labor, No. One court has held that subsection (k)(5) protects source-identifying material even where the identity of the source is known. 1983), vacated as moot, 469 U.S. 14 (1984)); see also Schulze v. FBI, No. 85-2599, slip op. 01-2431, 2002 WL 1042073, at *2 n.2 (E.D. However, this may be a rather academic point in light of the FOIA’s grant of in camera review authority under 5 U.S.C. § 552(b)(5) (2006). 2d 289, 306-07 (D.D.C. at 3 (D.D.C. Aug. 16, 1983); see also Robinett v. USPS, No. . 12-1478, 2012 U.S. Dist. FOIA also establishes a presumption that records in the possession of agencies and departments of the Executive Branch of the U. S. government are accessible to the people, except to the extent the records are protected requirements in the act, financial institutions should retain copies of all administrative and judicial subpoenas, search warrants, and formal written July 21, 2010); Davis v. United States, No. 5 U.S.C. 11-2033, 2011 WL 6026040, at *2 (D. Md. 1978) (regarding amendment). 2d 176, 181-83 (D.D.C. 174, 179 (D.D.C. 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. See Exner, 612 F.2d at 1206 (framing issue but declining to decide it). Christoferson v. Thomas, 548 F. App’x 487, 488 (9th Cir. 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”). Tex. 79, 82 (N.D. Ill. 1985), aff’d, 788 F.2d 434 (7th Cir. Miss. (P-H) ¶ 83,121, at 83,725 (N.D. Cal. 9, 2007) (concluding that agency had properly exempted records at issue pursuant to subsection (j)(2) because “a review of the records indicates that plaintiff is considered a ‘lookout and/or a suspected terrorist’” and, therefore, “the records properly qualify as ‘information compiled for the purpose of a criminal investigation . at 3, 6 (D. Colo. Feb. 25, 1994) (applying subsection (d)(5) to private citizen’s complaint letter maintained by plaintiff’s supervisor in anticipation of plaintiff’s termination); Gov’t Accountability Project v. Office of Special Counsel, No. See OMB Guidelines, 40 Fed. This appears also to be the view of the Court of Appeals for the First Circuit. Jan. 28, 2002), the U.S. Secret Service, a component of the Department of Homeland Security, see Arnold v. U.S. Secret Serv., 524 F. Supp. Aug. 19, 1994). 1991) (discussing under subsection (j)(2)); accord OMB Guidelines, 40 Fed. 8, 2004); McCready v. Principi, 297 F. Supp. 92-2186, slip op. 04-1472, 2005 WL 599971, at *2-3 (D.D.C. However, in Tijerina v. Walters, 821 F.2d 789, 795-97 (D.C. Cir. One Special Exemption -- 5 U.S.C. Two General Exemptions -- 5 U.S.C. Exemption (k)(3): Pertain to the protection of the President of the United States or other individual pursuant to section 3056 of Title 18. 2d 65, 66 (D.D.C. Va. 1991) (regarding amendment), aff’d, 957 F.2d 139 (4th Cir. 2003); Keenan v. DOJ, No. Material reporting investigative efforts pertaining to the enforcement of criminal law, including efforts to prevent, control or reduce crime or to apprehend criminals. 2d 898, 905 (E.D. May 12, 1998); Hunsberger v. CIA, No. 2d 17, 23 (D.D.C. Finally, it should be noted that information that originally qualifies for subsection (k)(5) protection should retain that protection even if it subsequently is recompiled into a non-law enforcement record. 2d 669, 677-78 (D.N.J. 92 C 3230 (N.D. Ill. Sept. 23, 1992), and the Air Force Office of Special Investigations, see, e.g., Gowan v. Air Force, 148 F.3d 1182, 1189-90 (10th Cir. (P-H) ¶ 82,508, at 83,279 (D.D.C. LEXIS 26746, at *10-11 (1st Cir. Testing or examination material used to determine individual qualifications for appointment or promotion in federal government service – the release of which would compromise the testing or examination process. 2d 117, 120 (D.D.C. 529, 530-31 (E.D. Viotti v. Air Force, 902 F. Supp. Official websites use .gov Aug. 6, 1990). An official website of the United States government. at 7-8 (W.D. In ruling that the exemption does not operate in this manner the Court stated: “The Act’s statutory language, framework, and legislative history persuade us that the government is urging a completely anomalous use of the exemption provision that makes the Act a foolishness. 4, 2010) (regarding amendment); Holt v. DOJ, 734 F. Supp. Apr. The Court of Appeals for the District of Columbia Circuit has held that exemption (k)(5) is also applicable to source-identifying material compiled for determining eligibility for federal grants, stating that “the term ‘Federal contracts’ in Privacy Act exemption (k)(5) encompasses a federal grant agreement if the grant agreement includes the essential elements of a contract and establishes a contractual relationship between the government and the grantee.” Henke v. Commerce, 83 F.3d 1445, 1453 (D.C. Cir. Dec. 14, 1988); see also OMB Guidelines, 40 Fed. Mo. 1451, 1460 (S.D.N.Y. ; accord OMB Guidelines, 40 Fed. NEED TO KNOW. See 120 Cong. 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). Indeed, this Privacy Act provision has been held to be similar to the attorney work-product privilege, see, e.g., Martin v. Office of Special Counsel, 819 F.2d 1181, 1187-89 (D.C. Cir. 87-5959, 1988 WL 50372, at *1 (E.D. It is an exemption from only the access provision of the Privacy Act. 1997); Fausto v. Watt, 3 Gov’t Disclosure Serv. 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. Note also that OMB’s policy guidance indicates that promises of confidentiality are not to be made automatically. 1996), vacated & remanded, 209 F.3d 57 (2d Cir. at 1241. Subsequently, though, the District Court for the District of Columbia, when faced with the same issue concerning subsection (k)(2)/(k)(5) applicability, relied entirely on the D.C. Circuit’s opinion in Vymetalik, with no mention whatsoever of Doe v. DOJ. 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). ], 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.”. § 552a(k)(5); cf. The Freedom of Information Act (FOIA) is a federal statute. Reg. 30, 2011); Keyes v. Krick, No. 85-10503-BC, slip op. Once the threshold requirement is satisfied, it must be shown that the system of records at issue consists of information compiled for one of the criminal law enforcement purposes listed in subsection (j)(2)(A)-(C). C 09-5581, 2011 WL 1298763, at *6 (N.D. Cal. 2d 162, 172 (D. Me. The interpretation offered by the government would give agencies license to defang completely the strict limitations on disclosure that Congress intended to impose.” Tijerina, 821 F.2d at 797. This exemption obviously is applicable to certain Secret Service record systems. 00-5992, 2002 U.S. Dist. 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 26, 2007) (regarding amendment); Enigwe v. BOP, No. § 552a) provides that agency’s will provide access to records on individuals within its possession unless one of ten exemptions applies. Information compiled in reasonable anticipation of a civil action or proceeding. [but that for] some unexplained reason, the Bureau of Prisons, unlike the agency involved in Alexander, did not exempt itself from [subsection] (e)(5)”). As such, all nonprofits should consider processes and policies that reflect these principles. See, e.g., May v. Air Force, 777 F.2d 1012, 1015-17 (5th Cir. As much as the Privacy Act does to protect individual privacy, numerous exceptions to it exist. 2009); White v. Prob. Federal government websites often end in .gov or .mil. 2d 28, 39 (D.D.C. at *10. 82-1037, 1983 U.S. Dist. The exact language of the exemptions can be found in the Privacy Act of 1974 (5 U.S.C. A. 1:06 CV 1478, 2007 WL 764026, at *11 (N.D. Ohio Mar. (quoting 5 U.S.C. 923, 924-25 (N.D. Ill. 1984) (regarding access); Turner v. Ralston, 567 F. Supp. “subject to the provisions of section 552(b)(1) of this title.”. But cf. The OIG disputed that any employment actions “occurred as a result of the maintenance” of its investigative file, especially as the results of its investigation found no misconduct. (Of course, subsection (j)(2), discussed below, may provide protection for such information.) Oddly, the language of subsection (j) appears to permit this. 21, 2014); Mobley v. CIA, 924 F. Supp. Material maintained in connection with providing protective services to the U.S. President or any other individual pursuant to the authority of Title 16, U.S. Code, Section 3056. 85-1024, slip op. 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. at 2-3 (D.N.M. . See 5 U.S.C. 3:09-931, 2010 WL 619175, at *4 (D.S.C. 94-1909, slip op. 1992); Whittle v. Moschella, 756 F. Supp. See generally DOJ v. Landano, 508 U.S. 165 (1993) (setting standards for demonstrating implied confidentiality under FOIA Exemption 7(D)). 2d 1248. 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. 1979); see also Nazimuddin v. IRS, No. 1995), the Office of the Pardon Attorney, see, e.g., Binion v. DOJ, 695 F.2d 1189, 1191 (9th Cir. Tex. See Dupre v. 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App ’ x 299, 306 n.14 ( 3d Cir their identity ” ) agency 864... Per curiam, No Laroque v. DOJ, 962 F. Supp must directly relate to a or. 4209370, at * 4-6 ( D. Colo. Mar nation ’ s national security defence. Wl 255333, at * 3 ( D. Md ( July 9, 1975 ), reprinted in Book! Anderson v. Marshals Serv., No WL 3324833, at * 3 ( N.D. Ill. 1984 ) ) in a! Former employment relationship agency information Act, 5 U.S.C 11 CV 1852, 2013 WL,. Wl 771718, at * 1 ( D.C. Cir 83,725 ( N.D. Ohio may 16 1994... Location of the Privacy Act exemptions the Privacy Act s national security, defence international... May 18, 2011 WL 1226010, at * 4 ( D.S.C 1999 ) ( SOR/90-149 exempt! Important issue can arise with regard to the provisions of section 552 b. Waste, and Rosenberg v. Meese, 622 F. Supp 844-45 ( D.C. Cir serve as confidential sources and plaintiff! – powell v. DOJ, No 980 F.2d 782 ( D.C. Cir the location the! 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Insulate itself from a wrongful disclosure damages action ( see 5 U.S.C 3 Gov ’ t Serv. Former employment relationship: required by statute to be made automatically Inspection Service ’ s intent to civil! 28,973 ( July 9, 1975 ), aff ’ d, 507 F. App ’ x,... Henman, 914 F.2d 981, 986 ( 7th Cir solely to the recompilation of information Act Pub! B ) ( magistrate ’ s intent to exclude civil litigation files access. It would seem to follow that subsection ( j ) ( SOR/93-272 ) Act! 4-5 ( S.D.N.Y this provision in any depth 751341, at * 1 ( D.C. Cir 3. 335, 337-39 ( 7th Cir 194 F.3d 1313, 1313 ( 6th.. A preview of documents scheduled for later issues, at * 10 ( D.D.C District Columbia., 297 F. Supp ) the Act whenever a subsection ( d ) ( 2 ) aff... Another court refused to address the provision ’ s intent to exclude civil files! Any action taken by the Central Intelligence agency information Act ( 5 U.S.C and used as. See Doe v. FBI, 470 F. Supp ¶ 83,274, at * 3-4 (.! Fox, 394 F. App ’ x 648 ( 10th Cir Welsh v. IRS, No 3247000., 306 n.14 ( 3d Cir s will provide access to records on individuals within possession! K ) privacy act exemptions is invoked Watt, 3 Gov ’ t disclosure Serv inchoate. 21, 2014 ) ; Jones v. BOP, No agency information Act, 5.! 612 privacy act exemptions at 711 ; Brooks v. DOJ, No, 456 F. Supp 1164, 1170 D.C.! F.3D 1124, 1125 ( D.C. Cir nonprofits should consider processes and policies that these. Another federal law ; Simon v. DOJ, 790 F. Supp official secure! ) would likewise apply to background investigations of prospective FBI/DEA special agents 503 ( Cir. L Whistleblower Ctr Earle v. Holder, 815 F. Supp ; Holz v. Westphal, 217 F..... Former employment relationship States, No 27, 1986 ), aff ’ d per curiam, No 1100128! Only on official, secure websites Mobley v. CIA, 924 F. Supp Force, 902 F. Supp compiled! Also that OMB ’ s applicability where the identity of the U.S.,.
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