Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records . Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples).
What can be released under FOIA?
- Classified national defense and foreign relations information.
- Internal agency rules and practices.
- Information that is prohibited from disclosure by another law.
- Trade secrets and other confidential business information.
What information is protected by FOIA?
The exemption covers two broad categories of information in federal agency records: (1) trade secrets ; and (2) information that is (a) commercial or financial, and (b) obtained from a person, and (c) privileged or confidential.
Why would a FOIA be denied?
Can the FCC deny my FOIA request? Yes. If the Bureau or Office that is the custodian of the records determines that there are no records responsive to your request , or that one or more of the FOIA exemptions described above applies to the documents you request, your request will be denied in writing.
When can a FOIA be denied?
When information is withheld , whether partially or fully, this constitutes a denial under FOIA. If your request is partially denied, you will receive a document in which the information that is exempted from disclosure has been redacted. A request may be denied for one or more of the aforementioned exemptions.
What is the Privacy Act 1974 cover?
The Privacy Act of 1974, as amended, 5 U.S.C. The Privacy Act prohibits the disclosure of a record about an individual from a system of records absent the written consent of the individual , unless the disclosure is pursuant to one of twelve statutory exceptions. ...
What is commercial information under FOIA?
(a) Definitions – (1) Confidential commercial information means commercial or financial information obtained by the agency from a submitter that may be protected from disclosure under Exemption 4 of the FOIA.
Are FOIA requests confidential?
Freedom of Information Act (FOIA) requests are not confidential . Once a FOIA request is received, it becomes a public record of the USGS. If the request contains personally identifying information or the request is deemed “sensitive,” we may redact information under FOIA Exemption 6 (personal privacy).
Can I request emails under FOIA?
Most federal agencies now accept FOIA requests electronically , including by web form, e-mail or fax.
What is partial denial of FOIA?
Partial Grant/Partial Denial – An agency decision to disclose portions of the records in response to a FOIA request and to withhold or otherwise deny other portions of the request .
What are the three rights under the Privacy Act?
The Privacy Act provides protections to individuals in three primary ways. ... the right to request their records, subject to Privacy Act exemptions; the right to request a change to their records that are not accurate, relevant, timely or complete ; and.
How does Hipaa affect the Privacy Act of 1974?
The Privacy Act of 1974, 5 U.S.C. 552a, prohibits disclosures of records contained in a system of records maintained by a federal agency (or its contractors) without the written request or consent of the individual to whom the record pertains.
Can a FOIA request can never be denied?
The agency you send a FOIA request to has the right to deny your request. This may happen if one or more of the nine FOIA exemptions apply to the records you wish to access. You may also be denied access to records if the agency determines that no documents are compatible with your request .
What kind of information does the Data Privacy Act of 2012 protect?
10173 or the Data Privacy Act of 2012 (DPA) “to protect the fundamental human right to privacy of communication while ensuring free flow of information to promote innovation and growth [and] the [State’s] inherent obligation to ensure that personal information in information and communications systems in government and ...
What protected business information?
Protected Information means trade secrets, confidential or proprietary information and all other knowledge, know-how, information, documents or materials owned, developed or possessed by the Company or any of its subsidiaries or affiliates , whether in tangible or intangible form, pertaining to the Business or any other ...
What is confidential business information?
(1) Confidential business information is information which concerns or relates to the trade secrets, processes, operations, style of works, or apparatus, or to the production, sales, shipments , purchases, transfers, identification of customers, inventories, or amount or source of any income, profits, losses, or ...
What does Exemption 4 mean on a PPP loan?
In other words, loans considered exempt, were those whose status was protected by FOIA’s Exemption 4, which is specifically intended to protect “ submitters who are required to furnish commercial or financial information to the government by safeguarding them from the competitive disadvantages that could result from ...
Are personal cell phones subject to FOIA?
The court made it clear that regardless of how or when such communications were made, purely personal communications with no bearing on public business are not subject to FOIA .
Are texts FOIA?
While some State Open Records Law still have an ambiguous definition of what constitutes a public body and electronic communications, FOIA is clear about its requirements that mandates all government employees to capture and record text messages and emails that pertain to public business – regardless if they are on the ...
Are text messages public record?
Official laws vary by jurisdiction, but text messages are indeed part of the public record . State governments require that all electronic messages sent from government-issued devices, as well as government communications sent from privately owned devices, by law must be treated as public records.
What is a perfected FOIA request?
“Perfected” request — a FOIA request for records which adequately describes the records sought , which has been received by the FOIA office of the agency or agency component in possession of the records, and for which there is no remaining question about the payment of applicable fees.
How do I compel a FOIA request?
- Cite section 552(a)(6) of FOIA and clearly list your grounds for appeal;
- Attach copies of the original request letter and the denial letter;
Is right to privacy a constitutional right?
The right to privacy is not mentioned in the Constitution , but the Supreme Court has said that several of the amendments create this right. ... Other amendments protect our freedom to make certain decisions about our bodies and our private lives without interference from the government – which includes the public schools.
What is a HIPAA violation?
A HIPAA violation is a failure to comply with any aspect of HIPAA standards and provisions detailed in detailed in 45 CFR Parts 160, 162, and 164. ... Failure to implement safeguards to ensure the confidentiality, integrity, and availability of PHI. Failure to maintain and monitor PHI access logs.
What are the four main purposes of HIPAA?
What are the four main purposes of HIPAA? Privacy of health information, security of electronic records, administrative simplification, and insurance portability .
What are your rights under RA 10173 or Data Privacy Act of 2012?
RA 10173, or the Data Privacy Act, protects individuals from unauthorized processing of personal information that is (1) private, not publicly available ; and (2) identifiable, where the identity of the individual is apparent either through direct attribution or when put together with other available information.
