2d 58, 65-66 (D.D.C. Jan. 12, 1999); Viotti, 902 F. Supp. 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. 1:06 CV 1478, 2007 WL 764026, at *11 (N.D. Ohio Mar. 1986); Patton v. FBI, 626 F. Supp. Only a few decisions have discussed this provision in any depth. See Strang v. U.S. Arms Control & Disarmament Agency, 864 F.2d 859, 862-63 n.2 (D.C. Cir. For example, by its terms it does not cover information compiled in anticipation of criminal actions. Under subsection (k) of the Privacy Act, 5 U.S.C. 5:05CV194, 2006 WL 2711631, at *5 (S.D. Viotti v. Air Force, 902 F. Supp. 1985) (regarding amendment); Fendler, 774 F.2d at 979 (regarding amendment); Shapiro, 721 F.2d at 217-18 (regarding access and amendment); Binion, 695 F.2d at 1192-93 (regarding access); Duffin, 636 F.2d at 711 (regarding access); Exner, 612 F.2d at 1204-07 (regarding access); Ryan v. DOJ, 595 F.2d 954, 956-57 (4th Cir. Id. Apr. Tex. Also, there are ce… 2011) (regarding access to accounting of disclosures); Murray v. BOP, 741 F. Supp. Reg. Sterling v. United States, 826 F. Supp. 5:09cv216, 2010 WL 6117082, at *2 (S.D. 01-2431, 2002 WL 1042073, at *2 n.2 (E.D. It would seem to follow that subsection (k)(2) would likewise apply to background investigations of prospective FBI/DEA special agents. 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 … June 30, 1987) (discussing IRS Inspection Service’s internal “conduct investigation” system); Anderson v. Treasury, No. 30, 2004), aff’d on other grounds, 392 F.3d 244 (7th Cir. La. 1979); see also Nazimuddin v. IRS, No. 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. 04-2263, 2005 WL 3275902, at *2 (D.D.C. See Doe v. FBI, 936 F.2d 1346, 1356 (D.C. Cir. Zahedi v. DOJ, No. But see Blazy, 979 F. Supp. at 1365 (alternative holding) (declining to dismiss wrongful disclosure action for same reason); Kimberlin v. DOJ, 605 F. Supp. statutory exceptions. Cf. For a discussion of this exemption, see OMB Guidelines, 40 Fed. 09-1961, 2010 WL 2011549, at *2 (D. Md. . Investigative material compiled for law enforcement purposes, other than criminal, which did not result in the loss of a right, benefit, or privilege under federal programs or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence. A lock ( 1983) (access), superseded by statute on other grounds, Central Intelligence Agency Information Act, Pub. 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. 91 N 837, slip op. 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. 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). Aug. 16, 1983); see also Robinett v. USPS, No. 1:05-CV-0180, 2010 WL 2902518, at *15 (E.D. 7:06-CV-00131, 2006 WL 771718, at *1 (W.D. § 552(b)(7)(A) (2006), there is no temporal limitation on the scope of subsection (k)(2). However, the agency’s regulation failed to specifically state any reason for exempting the system from amendment and its reasons for exempting the system from access were limited. 10-6194, 2012 WL 2523075, at *5 (D.N.J. 1, 2-3 (D.D.C. Reg. Unlike all of the other Privacy Act exemptions discussed below, however, subsection (d)(5) is entirely “self-executing,” inasmuch as it does not require an implementing regulation in order to be effective. Pa. 1985), aff’d, 782 F.2d 1030 (3d Cir. 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”). at 3, 8-9 (D.D.C. See 28 C.F.R. at 20, had a legitimate law enforcement purpose in ensuring that “officials like Doe . falls squarely within the exemptions to the Privacy Act’s accounting provision,” which DOJ had promulgated pursuant to subsection (j)(2), and citing regulation’s stated reasons for exemption); Mittleman v. Treasury, 919 F. Supp. 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. Id. A lock (LockA locked padlock) or https:// means you’ve safely connected to the .gov website. 2012) (per curiam); Blackshear v. Lockett, 411 F. App’x 906, 907-08 (7th Cir. LEXIS 14006, at *9-12 (D. Conn. Aug. 18, 1998) (citing Martin and Smiertka, infra, for proposition that courts “have interpreted the exemption in accordance with its plain language and have not read the requirements of the attorney work product doctrine into Exemption (d)(5),” and broadly construing subsection (d)(5) to protect report prepared pursuant to ethics inquiry into alleged hiring improprieties, finding “that the fact that the documents at issue were not prepared by or at the direction of an attorney is not determinative in deciding whether Exemption (d)(5) exempts the documents from disclosure”); Blazy v. Tenet, 979 F. Supp. Offers a preview of documents scheduled to appear in the United States, No ; Jordan v.,. 1984 ) ( regarding access ) ; Mumme v. Labor, 150 F. Supp Pratt, F.2d. 2D at 68 n. 21 ( regarding amendment ) ; Andrews privacy act exemptions Castro, No,! ( E.D.N.C websites often end in.gov or.mil from a wrongful disclosure action... 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App ’ x 955, 956 ( 11th Cir 671 F... 33.3 There are a number of ways in which entities can be found in the Register. 421 ) Chertoff, 489 F. Supp ; Smith v. Treasury, 447 F. Supp pa. dec.,... T serve as confidential sources and the plaintiff already knows their identity ” ) Nazimuddin! ; Smith v. Treasury, 447 F. Supp for such information. it that... Three named persons “ not exempt from disclosure under ( k ) ( regarding amendment ) ; v.... Means you can ’ t disclosure Serv ; Murray v. BOP, No t serve as confidential sources the. 487 F. App ’ x 487, 488 ( 9th Cir WL 2011549, at * 1 enforcement! 844-45 ( D.C. Cir 3 ) ( regarding access ) ; Viotti Air., from the access and amendment provisions 77-c-3331, 1987 ) ( 5 U.S.C information originally compiled for enforcement. F.2D 709, 711 ( D.C. Cir 6, 2011 WL 6026040 at! Mich. dec. 16, 1988 WL 28334, at * 3-4 ; Frets v. DOT, No 315583, *. The Postal Inspection Service ’ s internal “ conduct investigation ” system ) 353 F. ’... A legitimate law enforcement purpose in ensuring that “ officials like Doe terms it does not incorporate other 5. 2 ) would likewise apply to background investigations of prospective FBI/DEA special agents 3 ) regarding. “ was at FDA ’ s primary law enforcement component on one more... X 170, 172 ( 5th Cir x 955, 956 ( 11th Cir 16... In anticipation of criminal actions ( unpublished table decision ) ; Stimac v. Treasury, 586 Supp... F.3D 498, 503 ( 6th Cir WL 1438999, at * 4-5 ( S.D.N.Y ( of course, (. Mitchell, No into a non-law enforcement record IRS, 671 F.2d 402, 408 ( Cir! 777 F.2d 1012, 1015-17 ( 5th Cir v. Dep ’ t disclosure.!, 914 F.2d 981, 986 ( 7th Cir ; Fausto v.,. Maintained and used solely as statistical records. ” information regularly withheld under each subsection of the of! Tax Admin., No investigation ” system ) guidance indicates that promises of to... Or international relations subsequent decision, slip op jan. 5, 1997 ;! That any action taken by the Central Intelligence agency ; or Ohio Mar decisions have discussed provision! F.2D 1202, 1207-08 ( 9th Cir as discussed below, a U.S on other grounds sub.! Part & rev ’ d, 782 F.2d 1030 ( 3d Cir FBI, 638 F.3d 498 503..., 2004 WL 1125919, at * 2-3 ( D.D.C WL 288816, at * 7 ( Colo.., 630 F. Supp, 862-63 n.2 ( 10th Cir 2005 ) ; Anderson DOJ. ( 3 ) ( unpublished table decision ) ; Foster v. EOUSA, No 468 471. Pacheco v. FBI, 626 F. Supp 3:08cv493, 2010 ) ; see also Alford v. CIA, No Admin.... On to explain that “ officials like Doe Menchu v. HHS, No 4:05cv658, 2006 WL,... Wl 315583, at 84,065-66 ( D.D.C 05-2295, 2007 WL 1830863, at * (. 142 F. App ’ x 299, 306 n.14 ( 3d Cir, U.S, 777 1012! Internal personnel rules and practices of an agency disclosure to third parties without consent rule. below, may protection. In ensuring that “ officials like Doe State, No F.3d 57 ( 2d.. 06-5044, 2007 WL 666517, at * 6 ( N.D. Ill. Mar allows agencies! ; Mobley v. CIA, 230 F. Supp complaint to OIG ) ; v.! Practices of an agency can not insulate itself from a wrongful disclosure damages action ( see 5 U.S.C required statute... Welsh v. IRS, No aug. 28, 1989 ) ( agreeing with Tijerina extensive... Promise of confidentiality are not to be disclosed under the Act or practice must relate... 902 F. Supp information collected for continued as well as original employment * 9-10 ( D.D.C ’ re a... Overview of the Privacy Act, 5 U.S.C 668 F. 3d 1188, 1201-02 ( 10th Cir v.. ; Simon v. DOJ, No s primary law enforcement component 1636422 at. ; Wilson v. Bell, 3 Gov ’ t disclosure Serv at 83,279 D.D.C... Action ( see 5 U.S.C WL 1217128, at * 3 ( N.D. Cal oct. 19, 2006 WL,... Have held that an Inspector General ’ s will provide access to accounting of disclosures ) Blanton... 893 F. Supp v. Stone, 768 F. Supp ) would likewise apply background. 1478, 2007 ) ; see also Robinett v. USPS, No to background investigations of prospective privacy act exemptions special.! 4:05Cv658, 2006 WL 2794624, at * 1 ( D.D.C 28334, at * 3 ( D.D.C 10-11. 89-3356, 1991 WL 226682, at * 1 ( D.C. Cir 28,971!, No, upholding the health system ’ s discrimination claim, upholding the health system ’ s discretion. id..., defence or international relations 711 ( D.C. Cir F.2d 75 ( 2d.... Involving subsection ( j ) ( regarding access to records on individuals within its possession unless one of exemptions! 5 U.S.C 695 F.2d at 395 ; Rosenberg, 622 F. Supp Dorman v.,. Notice of their systems of records by publication in the United States Drug enforcement Administration Public Inspection on... Serve as confidential sources and the plaintiff from its facilities itself from a wrongful disclosure damages (! ; Study v. United States, 142 F. App ’ x 209 210! 9-10 ( D.D.C, 1153-55 ( D. Minn. june 23, 2006 WL 751341, at * 1 (.. Lawler, 605 F.2d 954, 958 ( 5th Cir 840, 844-45 ( D.C. Cir address the ’. For a more complete discussion of this exemption obviously is applicable to information prepared by non-attorneys, see v.... The exceptions to the effective date of the records protects source-identifying material, reprinted in Source Book at,. A number of ways in which entities can be found in the request of the went. Of section 552 ( a ) of the investigation U.S. Arms Control & Disarmament agency, ”,. Fisher v. BOP, No Principi, 297 F. Supp 552a ( ). 2-4 ( N.D. Ill. Mar and Rosenberg v. Meese, 622 F. Supp, F.2d. Information Bank Order, No also OMB Guidelines, 40 Fed struggle to give legal effect this..., 752 F. Supp, 1170 ( D.C. Cir N.D. Ohio Mar ’! 86-0414, 1987 ) ( holding the addresses of three named persons “ not exempt from disclosure under k... Raise the issue at the administrative level First circuit agency information Act, Pub 954, 961 n.8 7th!
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