posted ago by charlesufarley ago by charlesufarley +9 / -0

FOIPA and FOIA are two different things and FOIPA was enacted in haste after Watergate which Trump referenced in one of his immediate statements in regards to the "raid". The penalty for FOIA violation are attorney fees and litigation costs but the penalties for FOIPA are Civil and criminal penalties for maintaining illegal Privacy Act system of records; willfully requesting a record under false pretenses; or willfully disclosing to unauthorized entity. Maybe the DS is planning on using this in they're attempt to take him down and we've had this info all along. we have more than we know. the linked article is easier to read than what a pasted below. Hope this digging helps. FOIA vs FOIPA

The Freedom of Information Act (FOIA) was passed in 1966 and became effective July 4, 1967, and the Privacy Act was passed in 1974 and became effective September 25, 1975. Both Acts were passed as a result of hearings on the abuse of power and information. However, the Privacy Act was particularly inspired by not only the abuses of power and information from the collection of information on American citizens but also the Watergate scandal and the rising growth of the use of computers to store information on the public. While at first glance the FOIA and the Privacy Act seem quite similar, there are in fact distinct and important differences in their objectives. Click here to read the accompanying article.

The Statutes FOIAPRIVACY ACT Codified at 5 U.S.C. 552Codified at 5 U.S.C. 552aPassed in 1966, became effective July 4, 1967Passed in 1974, became effective September 25, 1975Passed after protracted legislative efforts, including a decade of hearingsPassed in haste as an outgrowth of Watergate reforms and the growing use of computers Policy Objectives FOIAPRIVACY ACT Ensures an informed citizenry.Restricts disclosure of personally identifiable records.Opens government activity to public scrutiny.Grants individuals an increased right of access to records about them. Allows individuals the right to amend records that are not accurate. Establishes a code of fair information practices. Records FOIAPRIVACY ACT Records are either created or maintained by the agency, and/or under agency control.Any item, collection or grouping of information about an individual that is maintained by an agency in a “system of records.”There is no requirement to create records that do not exist under either statute. See page 93 and 94 of the Department of Justice Overview of the Privacy Act of 1974, 2012 Edition. Access Provisions FOIAPRIVACY ACT “Any person” can gain access to non-exempt records.Only the subject of the record (First Party Access) or appropriate designee (Third Party Access) can gain access. Applies only to U.S. citizens and aliens lawfully admitted for permanent residence. Access may also be granted through “exceptions,” including published routine uses. Conducting a Search FOIAPRIVACY ACT Reasonable search of all records created or maintained by the agency including those in Privacy Act systems of records.Search is limited to records contained in a system of records maintained by the agency, unless you have reason to believe that records exist in non-Privacy Act files. Processing Time Limits FOIAPRIVACY ACT Processing times outlined in statuteStatute does not specify processing time limit20 business daysProcessing times defined by agency regulation10 additional days in exceptional circumstancesThe Department of Justice has stated that all Privacy Act requests are to be processed as FOIA requests, which generally provides a much broader search and a greater access to information to the party requesting the information, thus imposing a 20 business day response time to the request. Appeal Rights FOIAPRIVACY ACT Adequacy of searchDenial of accessFailure to comply with the time limits as outlined in statuteDenial of amendmentDenial of information in full or part pursuant to an exemptionProcess established by regulation not statuteDenial of fee waiver or expedited processing Process included in statute and implementing regulation Fees FOIAPRIVACY ACT Uniform fee schedule prescribed by OMB.Fees limited to duplication costs.Sets search, review and duplication costs based on the category type of the requester.Costs outlined in implementing regulations.Provision for fee waivers. Must resolve fee matters prior to processing. Exemptions FOIAPRIVACY ACT (b)(1) Exempts properly classified information pursuant to prevailing executive order on classification from disclosure.(k)(1) Exempts properly classified information from disclosure.(b)(3) Exempts from disclosure, information that is specifically exempted from disclosure by statute.(j)(1) Exempts CIA Records from disclosure.(b)(7)(A), (b)(7)(B), (b(7)(C), (b)(7)(D), (b)(7)(E) and (b)(7)(F) Exempts information compiled for law enforcement purposes from disclosure.(j)(2) and (k)(2) Exempts investigative material compiled for law enforcement purposes from disclosure.(b)(3) Exempts from disclosure, information that is specifically exempted from disclosure by statute.(k)(3) Exempts information related to the protection of the President from disclosure.No comparable exemption.(k)(4) Exempts information used solely as a statistical record from disclosure.(b)(6) Exempts information that if disclosed would invade another individual's personal privacy(k)(5) Exempts from disclosure, investigative material compiled solely for the purpose of determining suitability, eligibility, or qualifications for Federal Civilian employment, military service, Federal contracts or access to classified information but only to the extent that disclosure of such material would reveal the identity of a confidential source.(b)(2) Exempts information related solely to the internal personnel rules and practices of an agency from disclosure.(k)(6) Exempts testing and evaluation materials from disclosure.(b)(5) Exempts deliberative information from disclosure.(b)(7)(D) Exempts information that could reasonably be expected to disclose the identity of a confidential source from disclosure.(k)(7) Exempts evaluation material used to determine potential for promotion in the armed services, but only to the extent that the disclosure of such material would reveal the identity of a confidential source who furnished information to the government.(b)(4) Exempts information that concerns business trade secrets or other confidential commercial or financial information from disclosure.No similar exemption.(b)(5) Exempts from disclosure, information that concerns communications within or between agencies which are protected by legal privileges that include but are not limited to: Attorney-Work Product Privilege Attorney-Client Privilege Deliberative Process Privilege Presidential Communications Privilege (d)(5) Exempts information compiled in reasonable anticipation of a civil action or proceeding from disclosure.(b)(8) Exempts from disclosure, information that concerns the supervision of financial institutions.No similar exemptions(b)(9) Exempts geological information on wells from disclosure.No similar exemptions Litigation FOIAPRIVACY ACT Judicial review after exhausting administrative remedies: Denial or procedural matters. Option for immediate judicial review in timeliness cases. Attorney fees and litigation costs. Judicial review for access, accuracy or amendment cases. Privacy right of action for violations. Civil and criminal penalties. Appeals/Amendments FOIAPRIVACY ACT Appeal Requesters can appeal the adequacy of search, no record responses, fees, full, or partial denial of information. Amendment Requesters can appeal adverse determinations. Can seek amendment of “factual” information (not opinions). Who Responds FOIAPRIVACY ACT FOIA Officer or FOIA Analyst or FOIA Coordinator as appropriateFOIA Officer, Privacy Officer or Systems Manager Processing FOIAPRIVACY ACT Ensure you have a valid request. Reasonable description of records being sought Acknowledge the request with an acknowledgement letter Conduct a reasonable search for responsive records. Ensure you have an appropriate request. First party of authorized representative Disclosure pursuant to a published routine use. Review records to determine if information should be withheld. Conduct line by line review. Review system notice to determine if exemptions apply. Properly published exemptions, except (d)(5) which is self-executing. Making determination to withhold or release records under FOIA. Records must be exempt under one of the 9 exemptions and/or be shown to cause harm to the agency, if released to be withheld. Withhold segregable portions of otherwise releasable documents. Continue to process under FOIA. Records must contain both a Privacy Act exemption and a FOIA exemption to be withheld. Provide appropriate appeal rights.Provide appropriate appeal rights. Penalties FOIAPRIVACY ACT Attorney fees and litigation costs.Civil and criminal penalties for maintaining illegal Privacy Act system of records; willfully requesting a record under false pretenses; or willfully disclosing to unauthorized entity.