U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

TIMELINESS AND COMPLETENESS OF FBI RESPONSES TO REQUESTS UNDER FREEDOM OF INFORMATION AND PRIVACY ACTS HAVE IMPROVED

NCJ Number
57125
Author(s)
ANON
Date Published
1978
Length
102 pages
Annotation
THE FBI'S EFFORTS TO COMPLY WITH THE FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT ARE DISCUSSED, HIGHLIGHTING RECOMMENDATIONS TO IMPROVE COMPLIANCE.
Abstract
REQUESTS FOR INFORMATION UNDER THESE ACTS HAVE CREATED LARGE WORKLOADS FOR VARIOUS FEDERAL AGENCIES. THE FBI HAS RECEIVED ALMOST 48,000 REQUESTS IN 3 YEARS, AND CURRENTLY HAS A SIZABLE BACKLOG. THE FREEDOM OF INFORMATION ACT OF 1967 DIRECTS THAT THE PUBLIC MUST HAVE ACCESS TO INFORMATION IN THE FILES OF EXECUTIVE BRANCH AGENCIES, WITH CERTAIN SPECIFIED EXCEPTIONS. AS A RESULT OF 1975 AMENDMENTS TO THE ACT, AGENCIES ARE NOW REQUIRED TO RESPOND TO THE REQUESTER WITHIN 10 WORKING DAYS. THE FBI HAS BEEN UNABLE, HOWEVER, TO COMPLY WITH THE 10-DAY REQUIREMENT BECAUSE OF THE SENSITIVE NATURE OF INFORMATION IN ITS FILES WHICH NECESSITATES CLOSE SCRUTINY PRIOR TO DISCLOSURE. THE PRIVACY ACT OF 1974 DEALS PRIMARILY WITH PROTECTING INDIVIDUALS' PERSONAL PRIVACY AND PROVIDING PERSONS WITH THE OPPORTUNITY TO REVIEW, OBTAIN, AND AMEND COPIES OF THEIR RECORDS. BECAUSE THE FBI BELIEVES THAT ITS REQUEST WORKLOAD WILL INCREASE AT AN ANNUAL RATE OF ABOUT 14 PERCENT, IN 1976, THE AGENCY IMPROVED ITS RESPONSIVENESS BY MAKING CERTAIN ORGANIZATIONAL AND PROCESSING CHANGES. ALTHOUGH THESE IMPROVEMENTS ARE NOTEWORTHY, ADDITIONAL MANAGEMENT AND LEGISLATIVE CHANGES ARE NEEDED TO ALLOW THE FBI TO RESPOND MORE QUICKLY AND FULLY. THE GOVERNMENT ACCOUNTING OFFICE RECOMMENDS THAT THE FBI CEASE DRAINING ITS INVESTIGATIVE RESOURCES BY USING ANALYSTS INSTEAD OF SPECIAL AGENTS TO SUPERVISE REQUEST PROCESSING. IN ADDITION, EXEMPTIONS USED TO WITHHOLD INFORMATION SHOULD BE IDENTIFIED, AS WELL AS THE NUMBER OF PAGES WHICH HAVE BEEN DENIED. BILLING SHOULD BE AVOIDED IN THOSE CASES IN WHICH BILLING COSTS EXCEED CHARGES ASSESSED. ALSO, THE FBI SHOULD BE ALLOWED 30 WORKING DAYS TO COMPLY WITH INFORMATION REQUESTS. LETTERS AND NAMES OF OFFICIALS ARE APPENDED. ABBREVIATIONS AND SOME CHARTS ARE INCLUDED. (AUTHOR ABSTRACT MODIFIED). (LWM)