by Unknown
about information security incidents, threats, and vulnerabili-
ties with the Federal information security incident center to
the extent consistent with standards and guidelines for national
security systems, issued in accordance with law and as directed
by the President.
Appendix C: Government Data Privacy Laws
375
§ 3547. National Security Systems
The head of each agency operating or exercising control of a national security system shall be responsible for ensuring that the agency—
(1) provides information security protections commensurate with the
risk and magnitude of the harm resulting from the unauthorized
access, use, disclosure, disruption, modification, or destruction of
the information contained in such system;
(2) implements information security policies and practices as required
by standards and guidelines for national security systems, issued in
accordance with law and as directed by the President; and
(3) complies with the requirements of this subchapter.
§ 3548. Authorization of Appropriations
There are authorized to be appropriated to carry out the provisions of this subchapter such sums as may be necessary for each of fiscal years 2003
through 2007.
§ 3549. Effect on Existing Law
Nothing in this subchapter, section 11331 of title 40, or section 20 of the National Standards [1] and Technology Act (15 U.S.C. 278g–3) may be construed as affecting the authority of the President, the Office of Management and Budget or the Director thereof, the National Institute of Standards and Technology, or the head of any agency, with respect to the authorized use or disclosure of information, including with regard to the protection of personal privacy under section 552a of title 5, the disclosure of information under section 552 of title 5, the management and disposition of records under
chapters 29, 31, or 33 of title 44, the management of information resources under subchapter I of chapter 35 of this title, or the disclosure of information to the Congress or the Comptroller General of the United States. While this subchapter is in effect, subchapter II of this chapter shall not apply.
Appendix D: Consumer
and Credit Data
Privacy Laws*
Freedom of Information Act (FOIA) (5 U.S.C. § 552)
The Freedom of Information Act
5 U.S.C. § 552
FOIA Update Vol. XVII, No. 4 (1996)
As Amended By
Public Law No. 104-231, 110 Stat. 3048
Below is the full text of the Freedom of Information Act in a form showing all amendments to the statute made by the “Electronic Freedom of Information Act Amendments of 1996. ” All newly enacted provisions are in boldface type.
§ 552. Public Information; Agency Rules,
Opinions, Orders, Records, and Proceedings
(a) Each agency shall make available to the public information as follows: (1) Each agency shall separately state and currently publish in the
Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and the estab-
lished places at which, the employees (and in the case of a uni-
formed service, the members) from whom, and the methods
whereby, the public may obtain information, make submit-
tals or requests, or obtain decisions;
(B) statements of the general course and method by which its func-
tions are channeled and determined, including the nature and
requirements of all formal and informal procedures available;
* Note: Statutes and case laws change constantly. Do not rely upon any source of law as being current without conducting legal research or consulting competent legal counsel.
Statutes and case law included here are current at the time of research but should be researched for current and up-to-date law before relying upon them. Always seek competent legal counsel on any legal questions.
377
378
Appendix D: Consumer and Credit Data Privacy Laws
(C) rules of procedure, descriptions of forms available or the places
at which forms may be obtained, and instructions as to the
scope and contents of all papers, reports, or examinations;
(D) substantive rules of general applicability adopted as autho-
rized by law, and statements of general policy or interpreta-
tions of general applicability formulated and adopted by the
agency; and
(E) each amendment, revision, or repeal of the foregoing.
Except to the extent that a person has actual and timely
notice of the terms thereof, a person may not in any man-
ner be required to resort to, or be adversely affected by, a
matter required to be published in the Federal Register and
not so published. For the purpose of this paragraph, matter
reasonably available to the class of persons affected thereby
is deemed published in the Federal Register when incorpo-
rated by reference therein with the approval of the Director
of the Federal Register.
(2) Each agency, in accordance with published rules, shall make
available for public inspection and copying—
(A) final opinions, including concurring and dissenting opin-
ions, as well as orders, made in the adjudication of cases;
(B) those statements of policy and interpretations which have
been adopted by the agency and are not published in the
Federal Register; and
(C) administrative staff manuals and instructions to staff that
affect a member of the public;
(D) copies of all records, regardless of form or format, which
have been released to any person under paragraph (3) and
which, because of the nature of their subject matter, the
agency determines have become or are likely to become
the subject of subsequent requests for substantially the
same records; and
(E) a general index of the records referred to under subpara-
graph (D); unless the materials are promptly published
and copies offered for sale. For records created on or after
November 1, 1996, within one year after such date, each
agency shall make such records available, including by
computer telecommunications or, if computer telecommu-
nications means have not been established by the agency,
by other electronic means. To the extent required to prevent
a clearly unwarranted invasion of personal privacy, an agency
may delete identifying details when it makes available or pub-
lishes an opinion, statement of policy, interpretation, or staff
Appendix D: Consumer and Credit Data Privacy Laws
379
manual or instruction, staff manual, instruction, or copies
of records referred to in subparagraph (D). However, in
each case the justification for the deletion shall be explained
ful y in writing, and the extent of such deletion shall be indi-
cated on the portion of the record which is made available
or published, unless including that indication would harm
an interest protected by the exemption in subsection (b)
under which the deletion is made. If technically feasible,
the extent of the deletion shall be indicated at the place in
the record where the deletion was made. Each agency shal
also maintain and make available for public inspection and
copying current indexes providing identifying information
&nbs
p; for the public as to any matter issued, adopted, or promulgated
after July 4, 1967, and required by this paragraph to be made
available or published. Each agency shall promptly publish,
quarterly or more frequently, and distribute (by sale or oth-
erwise) copies of each index or supplements thereto unless
it determines by order published in the Federal Register that
the publication would be unnecessary and impracticable, in
which case the agency shall nonetheless provide copies of
an index on request at a cost not to exceed the direct cost of
duplication. Each agency shall make the index referred to
in subparagraph (E) available by computer telecommuni-
cations by December 31, 1999. A final order, opinion, state-
ment of policy, interpretation, or staff manual or instruction
that affects a member of the public may be relied on, used, or
cited as precedent by an agency against a party other than an
agency only if—
(i) it has been indexed and either made available or pub-
lished as provided by this paragraph; or
(ii) the party has actual and timely notice of the terms
thereof.
(3)
(A) Except with respect to the records made available under para-
graphs (1) and (2) of this subsection, each agency, upon request
for records which (A) (i) reasonably describes such records and
(B) (ii) is made in accordance with published rules stating the
time, place, fees (if any), and procedures to be fol owed, shal
make the records promptly available to any person.
(B) In making any record available to a person under this
paragraph, an agency shall provide the record in any form
or format requested by the person if the record is read-
ily reproducible by the agency in that form or format.
380
Appendix D: Consumer and Credit Data Privacy Laws
Each agency shall make reasonable efforts to maintain its
records in forms or formats that are reproducible for pur-
poses of this section.
(C) In responding under this paragraph to a request for
records, an agency shall make reasonable efforts to search
for the records in electronic form or format, except when
such efforts would significantly interfere with the opera-
tion of the agency’s automated information system.
(D) For purposes of this paragraph, the term “search” means
to review, manually or by automated means, agency
records for the purpose of locating those records which
are responsive to a request.
(4)
(A)
(i) In order to carry out the provisions of this section, each
agency shall promulgate regulations, pursuant to notice
and receipt of public comment, specifying the schedule
of fees applicable to the processing of requests under
this section and establishing procedures and guidelines
for determining when such fees should be waived or
reduced. Such schedule shall conform to the guidelines
which shall be promulgated, pursuant to notice and
receipt of public comment, by the Director of the Office
of Management and Budget and which shall provide for
a uniform schedule of fees for all agencies.
(ii) Such agency regulations shall provide that—
(I) fees shall be limited to reasonable standard
charges for document search, duplication, and
review, when records are requested for commer-
cial use;
(II) fees shall be limited to reasonable standard charges
for document duplication when records are not
sought for commercial use and the request is made
by an educational or noncommercial scientific
institution, whose purpose is scholarly or scientific
research; or a representative of the news media; and
(III) for any request not described in (I) or (II), fees
shall be limited to reasonable standard charges
for document search and duplication.
(iii) Documents shall be furnished without any charge or
at a charge reduced below the fees established under
clause (ii) if disclosure of the information is in the pub-
lic interest because it is likely to contribute significantly
Appendix D: Consumer and Credit Data Privacy Laws
381
to public understanding of the operations or activities
of the government and is not primarily in the commer-
cial interest of the requester.
(iv) Fee schedules shall provide for the recovery of only the
direct costs of search, duplication, or review. Review
costs shall include only the direct costs incurred during
the initial examination of a document for the purposes
of determining whether the documents must be dis-
closed under this section and for the purposes of with-
holding any portions exempt from disclosure under this
section. Review costs may not include any costs incurred
in resolving issues of law or policy that may be raised in
the course of processing a request under this section. No
fee may be charged by any agency under this section—
(I) if the costs of routine collection and processing of
the fee are likely to equal or exceed the amount of
the fee; or
(II) for any request described in clause (ii)(II) or (III)
of this subparagraph for the first two hours of
search time or for the first one hundred pages of
duplication.
(v) No agency may require advance payment of any fee
unless the requester has previously failed to pay fees in
a timely fashion, or the agency has determined that the
fee will exceed $250.
(vi) Nothing in this subparagraph shall supersede fees
chargeable under a statute specifically providing for
setting the level of fees for particular types of records.
(vii) In any action by a requester regarding the waiver of fees
under this section, the court shall determine the matter
de novo, provided that the court’s review of the matter
shall be limited to the record before the agency.
(B) On complaint, the district court of the United States in the
district in which the complainant resides, or has his principal
place of business, or in which the agency records are situ-
ated, or in the District of Columbia, has jurisdiction to enjoin
the agency from withholding agency records and to order
the production of any agency records improperly withheld
from the complainant. In such a case the court shall deter-
mine the matter de novo, and may examine the contents of
such agency records in camera to determine whether such
records or any part thereof shall be withheld under any of
the exemptions set forth in subsection (b) of this section, and
382
Appendix D: Consumer and Credit Data Privacy Laws
the burden is on the agency to sustain its action. In addition
to any other matters to which a court accords substantial
weight, a court shall accord substantial weight to an affida-
vit of an agency concerning the agency’s determination as
to technical feasibility under paragraph (2)(C) and subsec-
>
tion (b) and reproducibility under paragraph (3)(B).
(C) Notwithstanding any other provision of law, the defendant
shall serve an answer or otherwise plead to any complaint
made under this subsection within thirty days after service
upon the defendant of the pleading in which such complaint is
made, unless the court otherwise directs for good cause shown.
[(D) Except as to cases the court considers of greater importance,
proceedings before the district court, as authorized by this
subsection, and appeals there from, take precedence on the
docket over all cases and shall be assigned for hearing and
trial or for argument at the earliest practicable date and
expedited in every way. Repealed by Pub. L. 98-620, Title IV,
402(2), Nov. 8, 1984, 98 Stat. 3335, 3357.]
(E) The court may assess against the United States reasonable
attorney fees and other litigation costs reasonably incurred
in any case under this section in which the complainant has
substantially prevailed.
(F) Whenever the court orders the production of any agency
records improperly withheld from the complainant and
assesses against the United States reasonable attorney fees
and other litigation costs, and the court additionally issues
a written finding that the circumstances surrounding the
withholding raise questions whether agency personnel acted
arbitrarily or capriciously with respect to the withholding,
the Special Counsel shall promptly initiate a proceeding to
determine whether disciplinary action is warranted against
the officer or employee who was primarily responsible for
the withholding. The Special Counsel, after investigation
and consideration of the evidence submitted, shall submit
his findings and recommendations to the administrative
authority of the agency concerned and shall send copies of
the findings and recommendations to the officer or employee
