Army FOIA/Privacy/Records Management Course

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Presentation transcript:

Army FOIA/Privacy/Records Management Course FOIA Exemptions 6 & 7(C) and Investigative Records

Freedom of Information Act Exemption 3 in conjunction with 10 U.S.C. § 130b protects DOD personnel assigned to overseas, sensitive, or deployable units

Freedom of Information Act Exemption 6: “personnel and medical files and similar files the disclosure of which would cause a clearly unwarranted invasion of personal privacy”

Freedom of Information Act “Unwarranted” language means that not all privacy invasions are prohibited; there must be a balance

Freedom of Information Act Privacy Interests

Freedom of Information Act Public Interest

Freedom of Information Act Balance the Interests

Freedom of Information Act Exemption (C) provides greater protection for law enforcement records than Exemption 6 does for all other records Not limited to criminal law enforcement records

Freedom of Information Act Special post 9/11 privacy protection for DOD military, civilian, and contractor personnel

Freedom of Information Act No discretionary releases of Exemption 6 or 7(C) records if covered by the Privacy Act

Freedom of Information Act Exemption 7(A): “records or information compiled for law enforcement purposes . . . to the extent that [their] production . . . could reasonably be expected to interfere with enforcement proceedings

Freedom of Information Act Exemption 7(C): “records or information compiled for law enforcement purposes . . . to the extent that [their] production . . . could reasonably be expected to constitute an unwarranted invasion of personal privacy”

Freedom of Information Act Exemption 7(D): law enforcement information that could reasonably be expected to identify a confidential source or in a criminal or national security file, any information provided by the confidential source

Freedom of Information Act Exemption 7(F): “records or informa- tion compiled for law enforcement purposes . . . to the extent that [their] production . . . could reasonably be expected to endanger the life or personal safety of any individual”