Block IV - General, Operations and International Law (GENOIL) Flashcards
(176 cards)
What is the acronym FOIA?
Freedom of Information Act
What is FOIA governed by?
5 USC § 552 and DoD Manual (DoDM) 5400.07_AFMAN 33-302, Freedom of Information Act Program
Can a federal agency use an FOIA to request official information
No
Outline how Freedom of Information Act (FOIA) requests are processed within the Air Force when there’s any denial (W)
Written request for information sent to FOIA office →
FOIA monitor forwards request to office of primary responsibility (OPR) for initial review →
OPR recommends which document(s) apply to request and redactions based on exception(s) and law enforcement exclusion(s). If records requested don’t exist, they make that known and sends it to the legal office for review →
Legal office performs legal review, only required if OPR is recommending denial (redaction) or full denial of any information before responding to request. →
If denial of request: the file is forwarded to the Initial Denial Authority (IDA) (usually wing or vice CC) but can be a GS-13+ or O-4+. IDA informs sender of reason for delay if not made within the 20 working day timeline. →
MAJCOM JA for final authority
Outline how Freedom of Information Act (FOIA) requests are processed within the Air Force when there’s not any denial (W)
Written request for information sent to FOIA office →
FOIA monitor forwards request to office of primary responsibility (OPR) for initial review →
OPR recommends which document(s) apply to request and redactions based on exception(s) and law enforcement exclusion(s). If records requested do not require any denials, the records are sent back to the FOIA office for response to requester.
State the timeline for initial response to a Freedom of Information Act (FOIA) request (W)
20 working days
Who can the Initial Denial Authority (IDA) regarding an FOIA request be delegated down to from the wing commander?
Vice commander
GS-13 and above
O-4 and above
How many exemptions are there under FOIA?
Nine.
List the common exemptions from releasing information through the Freedom of Information Act (FOIA) (W)
Exemptions:
(b) (1)
(b) (2)
(b) (3)
(b) (6)
(b) (7)(A)
What is Exemption (b)(1)?
Prohibits the release of classified information
What is FOIA exemption (b)(2)?
States that records do not have to be released if they are related solely to an agency’s internal personnel rules and practices
What is FOIA exemption (b)(3)?
Limits the release of information specifically exempted from disclosure by statute
What is FOIA exemption (b)(6)?
Permits the government to withhold all information about an individual in personnel, medical, and similar files when disclosing such information would constitute a clearly unwarranted invasion of personal privacy
What is FOIA exemption (b)(7)(A)?
Authorizes the withholding of records or information compiled for law enforcement purposes, but only to the extent that production of such law enforcement records or information could reasonably be expected to interfere with enforcement proceedings.
What is the AFI that governs Privacy Act (PA)?
AFI 33-332, Air Force Privacy and Civil Liberties Program
State the purpose of the Privacy Act (W)
Governs the collection, maintenance, use, and dissemination of personally identifiable information (PII) maintained on individuals.
It ensures the government’s need for information is balanced against an individual’s right to privacy
List information covered under the PA (Privacy Act) (W)
Education records
Financial transactions
Medical history
Criminal history
Employment history
This includes records containing a name, identifying number or symbol and any other identifier unique to an individual
What are common identifiers unique to an individual?
Fingerprint
voiceprint
photograph
records about an individual maintained by agencies in the executive branch of the gov
Is PII a broad definition?
PII is a very broad definition and generally refers to any type of personal information that is linked or linkable to a person
PA prohibits disclosure of personal information within a records system without the individual’s prior written consent to whom the record pertains, However, how many exemptions are there to the “no disclosure without consent” rule?
Twelve exemptions; and there are times when PA information may be released without the individuals consent.
The most common reasons are civil or criminal law enforcement activity and written request is sent to the agency that maintains the record
State the punishments for unauthorized release of Privacy Act Information (W)
Any official or individual could be found guilty of misdemeanor and fined not more than $5,000 if they willfully disclose PA information from a system of records, knowing that dissemination is prohibited to anyone not entitled to receive the information
Can the Air Force have a lawsuit brought against them for failing to comply with the PA?
Yes! Any official or individual can get a misdemeanor criminal charge, and a fine of up to $5,000 per incident.
What is AFI 33-332?
AFI 33-332, Air Force Privacy and Civil Liberties Program
Identify the primary purposes of the Health Insurance Portability and Accountability Act (HIPAA). (W)
The purpose of HIPAA is to govern the access and or release of records, specifically medical records and health information.
Ensures privacy of individually identifiable health information and simplifies administration of healthcare