Unit 1 - FOIA & PA Flashcards
What 2 things govern Freedom of Information Act (FOIA)
5 USC ; 552 and DoDM 5400.07_AFMAN 33-302, Freedom of Information Act Program
The FOIA process begins when a written request for information is sent to…
The base FOIA office
Who tracks all FOIA requests and forwards them to the office of primary responsibility (OPR) for initial review?
FOIA Monitor
The unit that maintains the records being requested is called what?
OPR (office of primary reaponsibility)
Who reviews FOIA requests, recommends what documents apply to request, and recommends redactions that should be made?
OPR
Is a legal review necessary if the OPR is recommending denial of any requested information?
Yes
If the legal office recommends denial of a request, who is the entire file forwarded to?
IDA (Initial Denial Authority)
Who is typically the IDA (Initial Denial Authority)?
Wing CC or Vice CC
True or False… IDA responsibilities can be delegated to a GS-12 and above or an O-3 and above
False (GS-13 and above or O-4 and above)
How many days from the FOIA office receiving an FOIA request does the IDA need to issue a decision?
20 working days
What happens if the IDA does not issue a decision on the FOIA request in the required timeframe?
IDA informs the requestor a reason for the delay
How many TOTAL exemptions fall under FOIA?
9
What FOIA exemption prohibits the release of classified information?
Exemption (b)(1)
What FOIA exemption states records related solely to an agency’s internal personnel rules and practices do not have to be released?
Exemption (b)(2)
What FOIA exemption limits the release of information specifically exempted from disclosure by statute?
Exemption (b)(3)
What FOIA exemption protects information from being released when it would clearly be an unwarranted invasion of personal privacy?
Exemption (b)(6)
What FOIA exemption withholds information compiled for law enforcement purposes that could interfer with enforcement proceeedings?
Exemption (b)(7)(A)
What is the primary purpose of the privacy act?
To limit the government’s ability to collect information about an individual
What are 5 common records that PA applies to?
Education, financial, medical, criminal, and employment
True or false… the Privacy Act of 1974 applies to federal and state agencies.
False. Federal agencies only
How many exceptions are there to the Privacy Act’s “no disclosure without consent” rule?
12
In the legal office, the most common reason PA information can be released w/o the individual’s consent is when a request is made for what?
Civil or criminal enforcement activity
What AFI falls under the Privacy Act of 1974?
AFI 33-332
True or False…an individual may file a criminal lawsuit against the Air Force for failing to comply with the Privacy Act
False. Civil lawsuit
