August 22nd, 2006
Posted By: Karen Sterner
Categories: Search

You may want to obtain a copy of the Federal Freedom on Information Act and the Federal Privacy Act from you public library or from you Congressman’s district. These two laws were enacted for different purposes there is some similarity in their provisions. Both give people the right of access to records help by agencies of the federal government. The Freedom of Information Act access rights are given to “any person” but the privacy Act access rights are only for the individual who is subject of the records sought. Some states have a State Freedom of Information Act and State Privacy Act pertaining to records held by state agencies. If your state is one of these states you may want to obtain a copy of the state act as well. You can do so at you public library or from you State Representative.

The Federal Freedom of Information Act applies to all records of federal agencies. The Federal Privacy Act applies only to federal agency records in “systems of records” which contains information about an individual and are retrieved by the use of a name or personal identifier. Each law has a somewhat different set of fees, time limits, and exemptions from its rights to access. If you request records about yourself under both laws, federal agencies may withhold the records from you only to the extent the records are exempt under both laws.

If the information you want pertains to the activities of federal agencies or of another person you should make your request under the Freedom of Information Act which covers all agency records. If the information you want is about yourself and you wish to avoid possible search fees, you should make the request under the Privacy Act which covers most records of agencies that pertain to individuals. Sometimes you can use the Freedom on Informaiton Act to help get records about yourself that are not in the Privacy Act “system of records”.

Federal and State Freedom of Information and Privacy Acts exempt adoption birth records. This exemption clause is usually vaguely worded because the law recognizes the adoptee’s basic human right to know his own identity and heritage. Yet, no one has been successful in challenging adoption secrecy laws under the Freedom of Information Act or the Privacy Act because the US Supreme Court simply refuses to hear such cases. (ALMA Society v. Mellon; Yesterday’s Child, 1970’s)

You can obtain a Citizen’s Guide on Using the Freedom of Information Act and Privacy Act to request government records by writing to the Superintendent of Documents, US Government Printing Office, Washington DC 20402. The booklet is written by the Committee of Government Operations and can be purchased for a fee.

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