Developed By The U.S. Department Of Justice,
Washington, D.C.
This booklet provides basic guidelines about the Freedom of Information Act (FOIA) and the Privacy Act of 1974, to assist members of the public in exercising their rights. It uses a question and answer format to present information about these laws in a clear, simple and non-comprehensive manner. The questions answered in this booklet are those frequently asked by persons who contact the Federal Information Center (FIC) for information on the FOIA and the Privacy Act. The answers were compiled by the FIC and the Consumer Information Center (CIC) of the U. S. General Services Administration. They were reviewed by the Department of Justice, the agency responsible for coordinating the administration of the FOIA and encouraging agency compliance with it.
The Office of Management and Budget (OMB), which has a similar responsibility for the Privacy Act, reviewed the answers to questions on that act. The FOIA, enacted in 1966, provides that any person has the right to request access to federal agency record or information. Federal agencies are required to disclose records upon receiving a written request for them, except for those records that are protected from disclosure by the nine exemptions and three exclusions of the FOIA. This right of access is enforceable in court. The Privacy Act is another federal law regarding federal government records or information about individuals. The Privacy Act establishes certain controls over how the executive branch agencies of the federal government gather, maintain, and disseminate personal information. The Privacy Act also can be used to obtain access to information, but it pertains only to recordds that the federal government keeps about individual U.S. citizens and lawfully admitted permanent resident aliens. The FOIA, on the other hand, covers all records in the possession and control of federal executive branch agencies. This booklet contains information about the most significant provisions of the FOIA and the Privacy Act.
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