Furthermore, though, and consistent with the D.C. Circuit’s note in Pilon, one might argue that to say that no “disclosure” occurs for previously published or public information is at least somewhat inconsistent with the Supreme Court’s decision in DOJ v. Reporters Comm. Court for the Oakland-Piedmont Judicial Dist., 142 Cal. Before doing so, however, agencies must complete a series of due process steps designed to validate the debt and to offer the individual an opportunity to repay it. . Using Or Disclosing Personal Information For A Secondary Purpose 3d 167, 179 (D.D.C. (E) Any other officer or employee of the United States as designated by the Co-Chairs. 2010) (“Numerous courts have held that the Privacy Act protects against improper oral disclosures.”); Jacobs v. Nat’l Drug Intelligence Ctr., 423 F.3d 512, 517-19 (5th Cir. Section 24. No fee may be charged by any agency under this section—, (I) if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee; or. 401a(4))) shall not make any record available under this paragraph to—, (i) any government entity, other than a State, territory, commonwealth, or district of the United States, or any subdivision thereof; or. Dec. 7, 2015) (discussing disclosure of report containing allegations about plaintiff by SSA employee who had duty “to ‘report threats and harassment against the agency’” to DHS), adopted by 2016 WL 81577 (E.D. 2d 99, 106 n.7 (D.D.C. (C) The Director of the Office of Government Information Services. . If the Government can show exceptional circumstances exist and that the agency is exercising due diligence in responding to the request, the court may retain jurisdiction and allow the agency additional time to complete its review of the records. (ii) With respect to a request for which a written notice under clause (i) extends the time limits prescribed under clause (i) of subparagraph (A), the agency shall notify the person making the request if the request cannot be processed within the time limit specified in that clause and shall provide the person an opportunity to limit the scope of the request so that it may be processed within that time limit or an opportunity to arrange with the agency an alternative time frame for processing the request or a modified request. The D.C. Circuit’s decision in Laxalt v. McClatchy establishes that the only test for discovery of Privacy Act-protected records is “relevance” under Rule 26(b)(1) of the Federal Rules of Civil Procedure. Tarullo v. Def. Achieving Regulatory Excellence provides that direction by offering new insights from law, public administration, political science, sociology, and policy sciences on what regulators need to do to improve their performance. Code 5-1-45 - 105 IAC 5-1-45 - Filing of contract and summary; availability. § 552a(b)(1) – for the purpose of a fraud investigation. 1081, 1083 (Ct. Int’l Trade 1993); Clavir v. United States, 84 F.R.D. July 13, 2015) (discussing disclosure of background check information related to plaintiff’s job duties to agency employees who needed information for performance of their duties); Middlebrooks v. Mabus, No. In addition, the Court of Appeals for the District of Columbia Circuit, in Air Force v. FLRA, granted enforcement of a Federal Labor Relations Authority decision requiring the Air Force to disclose to a union a disciplinary letter that was issued to a bargaining unit employee’s supervisor. The same consumer protection laws that apply to commercial activities in other media apply online. The FTC Act's prohibition on unfair or deceptive acts or practicesÓ encompasses Internet advertisements, marketing & sales. A public filing of records with a court during the course of litigation constitutes a disclosure. § 552a(b)(5) - Statistical Research, 6. . Hosp. . 2d 115, 120-21 (D.D.C. 15 Civ. Harry v. USPS, 60 F.3d 815 (3d Cir. (II) if necessary to clarify with the requester issues regarding fee assessment. 1992) (dictum); Kline v. HHS, 927 F.2d 522, 524 (10th Cir. Circuit held that the Justice Department’s transmission of a Privacy Act-protected record to a former employee of the agency constituted a “disclosure” under the Privacy Act, even though the recipient had come “into contact with the [record] in the course of his duties” while an employee. gives rise only to a metaphysical doubt as to the existence of a genuine issue of material fact.”); Brown v. Snow, 94 F. App’x 369, 372 (7th Cir. Similarly, the courts have concluded that where an individual is applying for a benefit, program, or position, an agency may disclose information during the application process as a compatible routine use. Another court, however, has held to the contrary on facts nearly identical to those in Hulett. 1987); Citizens Bureau of Investigation v. FBI, No. 1992—Pub. Cal. Memorandum from Robert P. Bedell, Deputy Administrator, Office of Information and Regulatory Affairs, for the Senior Agency Officials for Information Resource Management, Privacy Act Guidance – Update (May 24, 1985) [hereinafter OMB Bedell Memo], https://www.justice.gov/paoverview_omb-85 (“Records which have traditionally been considered to be in the public domain and are required to be disclosed to the public, such as many of the final orders and opinions of quasi-judicial agencies, press releases, etc. (5)(A) The duties of the Council shall include the following: (i) Develop recommendations for increasing compliance and efficiency under this section. § 552, a disclosure statute, provides that every person has the right to request access to federal agency records or information. 5 U.S.C. Employees may be eligible to receive monetary damages for disclosure of private medical information. (II) a voluntary or unilateral change in position by the agency, if the complainant’s claim is not insubstantial. In addition, each agency shall make the raw statistical data used in each report available in a timely manner for public inspection in an electronic format, which shall be available –. 773, 774-75, 777 (S.D.N.Y. 1980—Pub. (D) For purposes of this paragraph, the term "search" means to review, manually or by automated means, agency records for the purpose of locating those records which are responsive to a request. The Office of Government Information Services shall offer mediation services to resolve disputes between persons making requests under this section and administrative agencies as a nonexclusive alternative to litigation and may issue advisory opinions at the discretion of the Office or upon request of any party to a dispute. at 5 (D. Neb. Nov. 30, 2017); Jett v. FBI, 139 Akmal v. United States, No. 1989). Sierra Pac. Pres. . It received the President’s assent on 5 April 2009. Courts have generally held that routine use disclosures to other parties in litigation are “compatible” disclosures under the routine use exception. (h)(1) There is established the Office of Government Information Services within the National Archives and Records Administration. 6rxufh '(3$570(172)-867,&( 6wdwxwhvdqg5hjxodwlrqvri6rxwk$iulfd 6wdwxwhvri6rxwk$iulfd -xwd v )xoob$fw bixoobdfw 85/ dqg See OMB Debt Collection Guidance, 48 Fed. . 2d 32, 42-43 (D.D.C. N.Y. June 2, 2016); Verrill v. Battelle Energy All., No. 5:97CV1482, slip op. Matter of Search of 2122 21st Rd. at 145. at 755-56; see also Puerta v. HHS, No. (e) The notice to an individual with respect to a breach of security shall include, at a minimum: 1. 2006) (finding improper disclosure because head of local agency did not request disclosed information from SSA in writing). . (II)(aa) If an agency has determined that unusual circumstances apply (as the term is defined in paragraph (6)(B)) and the agency provided a timely written notice to the requester in accordance with paragraph (6)(B), a failure described in subclause (I) is excused for an additional 10 days. Finley v. NEA, 795 F. Supp. ; see also Long Island Sav. at 739, 742 (dictum). (i) withhold information under this section only if –, (I) the agency reasonably foresees that disclosure would harm an interest protected by an exemption described in subsection (b); or, (II) disclosure is prohibited by law; and, (ii)(I) consider whether partial disclosure of information is possible whenever the agency determines that a full disclosure of a requested record is not possible; and, (II) take reasonable steps necessary to segregate and release nonexempt information; and. Stafford, 437 F. Supp. 1990) (per curiam); cf. (viii) An agency shall not assess search fees (or in the case of a requester described under clause (ii)(II), duplication fees) under this subparagraph if the agency fails to comply with any time limit under paragraph (6), if no unusual or exceptional circumstances (as those terms are defined for purposes of paragraphs (6)(B) and (C), respectively) apply to the processing of the request. at 28953 (July 9, 1975), https://www.justice.gov/paoverview_omb-75; see also Wilkerson v. Shinseki, 606 F.3d 1256, 1268 (10th Cir. protected from disclosure by any of the nine exemptions or three exclusions of the FOIA. CIV-06-228-F, 2009 WL 2230774, at *3 (W.D. 1993). 1979); Harper v. United States, 423 F. Supp. 17, 2000) (finding document that “contains only names and addresses . One of the few Privacy Act decisions to mention this oft-overlooked “competent jurisdiction” requirement is Laxalt v. McClatchy. Compare Lee v. Dearment, 966 F.2d 1442 (4th Cir. 8:09-CV-1262, 2011 WL 601645, at *10 (M.D. § 552a(b)(1) - Need to Know within Agency, https://www.justice.gov/paoverview_omb-75, https://www.justice.gov/opcl/paoverview_sourcebook, 2. Cf. 94-30353, slip op. However, when an agency publicly files protected records with a court during the course of litigation without consent of the subject of the records, by definition the disclosure constitutes a subsection (b) disclosure. 3d 342, 347 (D.D.C. Information envisaged under Section 8 (1) (a) of the RTI Act also includes information relating to military movements and operations, 2d 150, 156 (D.D.C. Jan. 5, 1999); cf. CV-99-00052-E-BLW, slip op. 2d at 1119-20 (adhering to Covert and finding that SSA notified plaintiff of potential uses “on three occasions when collecting her information,” even though these notifications were non-specific references to the Federal Register); Pontecorvo, No. The panel majority held that the Department of Energy’s failure to provide actual notice of the routine use on the questionnaires at the time of original collection, under subsection (e)(3)(C), precluded the Department of Energy from later invoking that routine use under subsection (b)(3). A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. Under the Privacy Act’s subsection (b)(11) exception, there is no standard governing the issuance of a “court order.” Unlike other federal privacy-related or confidentiality statutes, subsection (b)(11) contains no standard governing the issuance of an order authorizing the disclosure of otherwise protected Privacy Act information. Reg. Before relying on the routine use disclosure exception, an agency must publish in the Federal Register each routine use, including the categories of users and the purpose of such use. 02-1552, 2004 WL 422664, at *1-2 (D. Del. 3357.]. 2019) (discussing disclosure of performance appraisal to managers who were considering plaintiff’s detail request), aff’d 798 F. App’x. 24, 2005) (discussing disclosure of agency employee’s transfer request to AUSA, who had represented agency in prior discrimination suit brought by employee against agency, so that AUSA “could attempt to settle the pending litigation with [the employee]”); Fattahi v. ATF, 186 F. Supp. 95-283, 2010 WL 2706282, at *6 (Fed. at 147 n.1 (Williams, J., concurring). disclosure of individuals’ health information (known as “protected health information”) by entities subject to the Privacy Rule. . at 1083-84; Mary Imogene Bassett Hosp. 3d 28, 37 (D.D.C. Mar. 2d 162, 174 (D. Me. 1990) (discussing employee’s admission of drug use disclosed by Naval Investigative Service to plaintiff’s employer, Defense Logistics Agency, for purposes of revoking employee’s security clearance). 1985); Doe v. Stephens, 851 F.2d 1457 (D.C. Cir. § 552(b)(3); Trade secrets and commercial or financial information obtained from a person and privileged or confidential, 5 U.S.C § 552(b)(4); The purpose of this order is to establish the MSU Police Department’s (Department) procedures for the release of police records, including those requested under the Freedom of Information Act (FOIA.) Shayesteh v. Raty, No. 97-1592, 1999 WL 499911, at *1-2 (E.D. 20, 2013) (finding proposed subpoena deficient on other grounds and discussing request for subpoena to be signed by judge in accordance with subsection (b)(11)); Hoffman v. Astrue, No. This book contains: - The complete text of the Procedures for Disclosure of Records under the Freedom of Information Act (US National Aeronautics and Space Administration Regulation) (NASA) (2018 Edition) - A table of contents with the page ... (ii) a representative of a government entity described in clause (i). 1995), the district court, recognizing the “defendants’ initial reluctance to respond to plaintiffs’ [discovery] requests without a specific order of court [as] a reasonable precaution in light of the terms of the Privacy Act,” solved the dilemma by ordering the Army to respond to “all properly framed discovery requests in th[e] proceeding” and that to deem responses “made pursuant to an order of court.” Id. The Act was passed by the Legislative Assembly of Ontario in 2005 and put into force on September 17, 2007. 3d 394, 398 (M.D. 202 F.3d 547, 551-53 (2d Cir. (B)(i) In unusual circumstances as specified in this subparagraph, the time limits prescribed in either clause (i) or clause (ii) of subparagraph (A) may be extended by written notice to the person making such request setting forth the unusual circumstances for such extension and the date on which a determination is expected to be dispatched. . 2:02cv756, 2002 WL 32488472, at *2 (E.D. Tenn. Feb. 17, 2016). Id; see also Russo, 576 F. Supp. See, e.g., 66 Fed. Ky. Jan. 18, 2011) (ruling that agency need not comply with state court subpoena to disclose records because all 12 exceptions under Privacy Act are “inapposite”). 2d 142, 146-47 (D.D.C. The D.C. 15-cv-475-JDP, 2018 WL 9539117 (W.D. 02-2043, 2002 U.S. Dist. Wright v. FBI, 241 F. App’x 367, 369 (9th Cir. . LEXIS 7513, at *3-8 (N.D. Ill. June 3, 1993) (same finding as in Mangino, despite fact that “court ha[d] not located” applicable routine use). 08-15269, 2009 WL 3190368, at *5-6 (E.D. (iv) the number of requests for records to which the agency has responded with a determination within a period greater than 400 days; (H) the average number of days for the agency to provide the granted information beginning on the date on which the request was originally filed, the median number of days for the agency to provide the granted information, and the range in number of days for the agency to provide the granted information; (I) the median and average number of days for the agency to respond to administrative appeals based on the date on which the appeals originally were received by the agency, the highest number of business days taken by the agency to respond to an administrative appeal, and the lowest number of business days taken by the agency to respond to an administrative appeal; (J) data on the 10 active requests with the earliest filing dates pending at each agency, including the amount of time that has elapsed since each request was originally received by the agency; (K) data on the 10 active administrative appeals with the earliest filing dates pending before the agency as of September 30 of the preceding year, including the number of business days that have elapsed since the requests were originally received by the agency; (L) the number of expedited review requests that are granted and denied, the average and median number of days for adjudicating expedited review requests, and the number adjudicated within the required 10 days; (M) the number of fee waiver requests that are granted and denied, and the average and median number of days for adjudicating fee waiver determinations; (N) the total amount of fees collected by the agency for processing requests; and. . (3) a handbook for obtaining various types and categories of public information from the agency pursuant to chapter 35 of title 44, and under this section. 3d 161, 163-64 (D.D.C. . § 552a(b)(8) - Health or Safety of an Individual, https://www.justice.gov/paoverview_omb-75-supp, http://www.justice.gov/oip/foia_updates/Vol_V_1/page3.htm, 10. (C) recommend policy changes to Congress and the President to improve the administration of this section. 1992) (asserting that Privacy Act prohibits disclosure of identities of individuals who received outstanding or commendable personnel evaluations, as such information falls within FOIA Exemption 6); Doe v. Veneman, 230 F. Supp. Id. 1:08-CV-321G, 2011 WL 1225784, at *5 (N.D. Ga. Mar. But cf. Cf. the mere fact that [a particular Internet] posting contained some expunged information”), reconsideration denied, No. 2006) (holding that SSA did not satisfy health and safety exception because agency did not provide plaintiff requisite notice after disclosing that plaintiff received disability benefits to state child protective services to investigate possible child abuse); Schwarz v. Treasury, 131 F. Supp. 94-30353, slip op. 70.02.045. Co., No. L. 98-620, title IV, Sec. The Department of Justice has delegated record-requesting authority to the “head of a component or a United States Attorney, or either’s designee.” 28 C.F.R. . A. [of] information relevant or necessary to hiring or retaining an employee . (II) for any request described in clause (ii)(II) or (III) of this subparagraph for the first two hours of search time or for the first one hundred pages of duplication. 458, 460 n.4 (D. Conn. 1979) (holding consent was adequate because it was both agency- and record-specific); cf. App’x 735, 740 (10th Cir. 2011) (recognizing that “[a]lthough the [Marshals Service] and FBI may themselves be considered agencies, they are also components of DOJ, which is itself an agency,” under the statutory meaning of the term, and that disclosures between them “qualify as intra-agency disclosures”); Lora v. DOJ, No. CV 14–162, 2014 WL 12658918 (D. Mont. (III) in a format that may be downloaded in bulk; (f) For purposes of this section, the term—, (1) "agency" as defined in section 551(1) of this title includes any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency; and, (2) ‘record’ and any other term used in this section in reference to information includes—, (A) any information that would be an agency record subject to the requirements of this section when maintained by an agency in any format, including an electronic format; and. LEXIS 2372, at *6 (D.D.C. 28, 2011) (dismissing claim and stating that plaintiff’s “conclusory allegations” of unlawful disclosure, “without identifying or describing who acted against Plaintiff or what the person did, is insufficient”); Roggio v. FBI, No. Review costs may not include any costs incurred in resolving issues of law or policy that may be raised in the course of processing a request under this section. Laxalt v. McClatchy, 809 F.2d 885 (D.C. Cir. Likewise, the existence of “competent jurisdiction” is questionable whenever a state court orders the disclosure of a nonparty federal agency’s records because the doctrine of “sovereign immunity” will ordinarily preclude state court jurisdiction over a federal agency or official. WV Code Reg. 1981); Boyd v. United States, 932 F. Supp. 09-05883 SI, 2010 WL 1929498, at *2 (N.D. Cal. Tran’s performance appraisal contained information relevant to that inquiry.”); Lamb v. Millennium Challenge Corp., 228 F. Supp. Pub. 2d 1, 16-17 (D.D.C. Ct. Mar. . 1986); Burley v. DEA, 443 F. Supp. TH 85-310-C, slip op. (2) required under section 552 of this title [the Freedom of Information Act].” 5 U.S.C. 06-1302, 2006 WL 2223999, at *2-3 (D.D.C. 01-2256 (1st Cir. (C) Notwithstanding any other provision of law, the defendant shall serve an answer or otherwise plead to any complaint made under this subsection within thirty days after service upon the defendant of the pleading in which such complaint is made, unless the court otherwise directs for good cause is shown.
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