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  1. A FOIA Update, Of Sorts

    Last week, a Government Information Specialist at the State Department emailed to ask if I would still be interested in records I requested in 2021 under the Freedom of Information Act. “The Department is undertaking a comprehensive review of its backlog of FOIA requests,” she wrote, and if (after failing to respond to my request for five years) she did not hear from me within thirty days, “the Department will conclude you are no longer interested in pursuing this request, and your request will be administratively closed.”

    The request itself concerned the Kalorama mansion purchased by Chilean billionaire Andronico Luksic Craig right after the 2016 election, where Jared Kushner and Ivanka Trump lived during Trump’s first term. (I’ve written several posts about the situation over the years. This one is a pretty good primer.) When Jared and Ivanka decamped to Florida in 2021, the Kuwaiti foreign mission leased Luksic’s Washington, DC property; federal law required State Department approval. So I asked to see the Kuwaiti foreign mission’s written request and the State Department’s Notice of Approval.

    I was casting a wide net in order to learn what I could about Luksic, his influence operations, and his international network of business relationships, which now extends to the very edge of the Boundary Waters, where Luksic-controlled Antofagasta plc plans to build the Twin Metals copper and nickel mine.

    It was a longshot request to begin with. Is there anything to learn from these Foreign Mission Office records, five years later? Not likely, but who knows? So I replied that I am still interested. I feel obliged to see the thing through, or to see that the Department of State meets its obligation to the public. 

    While I had the attention, or at least the email address, of someone involved in the comprehensive review, I thought I should ask about two other requests I’d filed with the Department of State back in October of 2018, and which I’ve been trying to chase down ever since. These requests concern the use of the US embassy in Santiago, Chile as a business backchannel for Antofagasta: one asks for records of a 2017 meeting between Antofagasta CEO Ivan Arriagada and Carol Perez, then US ambassador to Chile; the other asks for embassy communications regarding Trump’s nomination of Andrew Gellert to replace Perez. Over the years, the Department has set and missed several estimated dates of completion for these requests. I detailed some of the back and forth in a 2023 post. Since then, or at least for the past couple of years, the FOIA Office has failed to respond to my requests for more information about the status of these requests.

    On Monday, this reply came:

    These requests remain in process and has [sic] a new estimated date of completion (EDC) of January 31, 2028.  EDCs are estimates and subject to change. You will be notified of the results of the Department’s search and review efforts in response to these requests as soon as that information becomes available.

    This is just boilerplate, of course; the subject-verb disagreement in the first sentence looks like a copy-paste accident. Still, a few observations. 

    The requests are said to be “in process,” but in eight years no “search and review efforts” have been undertaken. The new estimated date of completion falls in the last year of Trump’s second term – a year and a half from now – and the FOIA office is not even committing to a response when the 2018 request hits the ten-year mark. I am sufficiently annoyed by this delay that I have to wonder aloud (but without evidence) if there is some directive at State to push FOIA matters, or certain FOIA matters, to the end of this administration. 

    The FOIA office blames a backlog of requests, and that backlog is real. “The State Department’s FOIA backlog spiked by 6,000 cases to a total of 27,619” this fiscal year, reports Justin Doubleday. Back in June, Minho Kim did some great data analysis for the New York Times showing that federal agencies “accumulated the highest-ever backlog of cases in fiscal year 2025, raising questions about compliance with the Freedom of Information Act.” Not surprisingly, “the problem appears to have worsened under President Trump.” And the backlog problem has been compounded by cuts to FOIA staff, leaving “several key FOIA leadership and staff positions vacant” at State. One administration official quoted by the Times says the Trump administration chose to “hire ICE officers instead of FOIA processors.” That snide remark alone speaks volumes about this administration’s misplaced priorities, its refusal of all accountability, and its contemptuous disregard for the public interest. 

    To put it another way: the FOIA backlog is itself a symptom of bad government and corruption, a condition that is only exacerbated by the Trumpist dismantling and hijacking of public institutions and federal agencies.

    In 2019, William J. Burns warned against Trump’s “diplomacy of narcissism, bent on advancing private interests at the expense of our national interests.” The events that prompted my FOIA requests in 2018 – the meeting of an Antofagasta executive with Ambassador Perez and the nomination of Gellert, a Kushner friend – fit the pattern. The cronyism and self-dealing of the first term have gotten much worse and much more blatant this go-round. Charles Kushner is ambassador to France! Jared and Steve Witkoff are the faces of US diplomacy. The ambassador to Chile is Brandon Judd, a longtime Trump campaign stalwart and former head of the Border Patrol union. Judd’s main qualification seems to be that he spent some time in Chile in the 1990s, proselytizing for the Church of Jesus Christ of Latter Day Saints. José Miguel Insulza put it bluntly: “de diplomacia no sabe nada.”

    AmbassadorJudd has not exactly covered himself in glory. He caused an uproar just a couple of weeks ago when he criticized Chilean cabinet ministers for expressing serious and legitimate concerns about the new 12.5 percent tariffs on Chilean exports, petulantly adding that there would be no agreement if they continued their criticisms. Judd went on to suggest that Chile’s business leaders should “complain to your authorities to prevent them from making declarations about the relationship with the United States.”

    “The ambassador,” said Juan Gabriel Valdés, “does not seem to understand that he is not part of the Chilean political system…. he does not have a role to play in internal Chilean political debate.” And this was not an isolated incident, Valdés noted. It was “the third or fourth time” that Judd had acted more like a colonial viceroy than a diplomat.

    For the moment, at least, Chile’s Minister of Foreign Affairs Francisco Pérez Mackenna and his team are handling Judd. Pérez Mackenna is a seasoned negotiator. Before joining the right-wing Kast government this past spring, he spent nearly three decades as CEO of Quiñenco, managing the global operations of the Luksic business empire. Make of that what you will.

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    #corruption #cronyism #diplomacy #FOIA #FreedomOfInformationAct #oligarchy #power #selfDealing #softPower
  2. Effectively USING THE FREEDOM OF INFORMATION ACT (FOIA) - often described as the law that keeps citizens in the know about their government.
    rosecoveredglasses.wordpress.c
    #FOIA #FreedomOfInformationAct

  3. Effectively USING THE FREEDOM OF INFORMATION ACT (FOIA) - often described as the law that keeps citizens in the know about their government.
    rosecoveredglasses.wordpress.c
    #FOIA #FreedomOfInformationAct

  4. Effectively USING THE FREEDOM OF INFORMATION ACT (FOIA) - often described as the law that keeps citizens in the know about their government.
    rosecoveredglasses.wordpress.c
    #FOIA #FreedomOfInformationAct

  5. Effectively USING THE FREEDOM OF INFORMATION ACT (FOIA) - often described as the law that keeps citizens in the know about their government.
    rosecoveredglasses.wordpress.c
    #FOIA #FreedomOfInformationAct

  6. ROSE COVERED GLASSES @rosecoveredglasses.wordpress.com@rosecoveredglasses.wordpress.com ·

    Effectively Using The Freedom Of Information Act (FOIA)

    “SMALLTOFEDS”By Ken Larson

    “The FOIA is a law that gives you the right to access federal government information. It is often described as the law that keeps citizens in the know about their government. Agencies must disclose any information that is requested – unless that information is protected from public disclosure.”

    ______________________________________________________________________________________________________________

    BACKGROUND

    Extract: United States Department of Justice Web Site:


    “Enacted on July 4, 1966, and taking effect one year later, the Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A FOIA request can be made for any agency record. Before sending a request to a federal agency, you should determine which agency is likely to have the records you are seeking. Each agency’s website will contain information about the type of records that agency maintains.”


    The FOIA is a law that gives you the right to access federal government information.  It is often described as the law that keeps citizens in the know about their government. Under the FOIA, agencies must disclose any information that is requested – unless that information is protected from public disclosure. The FOIA also requires that agencies automatically disclose certain information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.”

    POINTS OF CONTACT (POC)

    Contacts
    A typical Federal Agency POC page will look like this:
    “Contacts

    The Office of Management (OM) advises the public and U.S. Department of Education (ED) employees regarding FOIA requests and ED information available to the public. As the lead organization for ED’s FOIA Program, OM provides training for ED officials and guidance and support to the FOIA Coordinators and FOIA Review Officers in the Department’s Principal Offices and 12 regional and field offices.

    Send requests via email to: [email protected]
    Send requests via fax to: (202) 401-0920
    Send requests via mail to:

    U.S. Department of Education
    Office of Management
    Office of the Chief Privacy Officer
    400 Maryland Avenue, SW, LBJ 2E321
    Washington, DC 20202-4536
    ATTN: FOIA Public Liaison

    FOIA Requester Service Center
    (202) 401-8365

    FOIA Director
    (202) 453-6362
    Gregory Smith

    FOIA Public Liaison and Team Lead 
    (202) 205-0733
    Robert Wehausen

    FOIA Analysts
    (202) 401-8365
    Elise Cook
    Arthur Caliguiran
    Christie Swafford

    FOIA Appeals
    (202) 401-8365
    Arthur Caliguiran

    Privacy Act Requests 
    (202) 401-8365


    PRACTICAL USE


    Although occasions may arise for use of the FOIA on legal matters, personnel issues, and records that relate to agency background and activities, the most common uses of the FOIA in government contracting are as follows:

    • Market Research
    • Copies of historical contracts issued by an agency as well as contractor proposals.
    • Specific articles supporting a protest action.

    RESPONSE TIME


    The FOIA require a 30 day response time to your request, but actual response times vary by agency and backlog. 
    If the agency determines the request will exceed $25 in costs, you should indicate in your request that you will be willing to pays those costs to receive the data. 


    MAKE YOUR REQUEST  AS SPECIFIC AS POSSIBLE


    Identify the document or documents specifically by name and identifying number (s).  When requesting contracts, RFP’s, change orders and similar data, always include the contract number and be specific with regard to references to all changes.  If proposals are requested include a specific request for management, technical and cost volumes. The more detail you provide the more likely the response will supply what you wish to have.


    BE PREPARED FOR GOVERNMENT REDACTING


    When the government receives requests for copies of contracts, proposals and similar data that contain specific in formation pertinent to another company, they are required to contact that company and ask for identification of information the firm deems proprietary.  To the extent the firm identifies such data, expect the response you receive to have the data redacted (blanked out and unreadable). 


    EXPEDITING

    Among the larger agencies, especially DOD and Justice, it is rare to receive the information requested in a FOIA within 30 days.  Be prepared to expedite, by email, registered letter and by visitation if necessary, depending on the importance of the request to your business.  


    REFUSALS


    Refusals by the government can be appealed if you and your legal counsel make the judgment a given request falls outside of the following exemptions permitted the government or one of three special law enforcement record exclusions detailed at the FOIA web site:”Exemption 1: Information that is classified to protect national security.  The material must be properly classified under an Executive Order.
    Exemption 2: Information related solely to the internal personnel rules and practices of an agency. 
    Exemption 3: Information that is prohibited from disclosure by another federal law. Additional resources on the use of Exemption 3 can be found on the Department of Justice FOIA Resources page.
    Exemption 4: Information that concerns business trade secrets or other confidential commercial or financial information.
    Exemption 5: Information that concerns communications within or between agencies which are protected by legal privileges, that include but are not limited to:
    Attorney-Work Product PrivilegeAttorney-Client PrivilegeDeliberative Process PrivilegePresidential Communications Privilege
    Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.
    Exemption 7: Information compiled for law enforcement purposes if one of the following harms would occur.  Law enforcement information is exempt if it:
                7(A). Could reasonably be expected to interfere with enforcement proceedings 
                7(B). Would deprive a person of a right to a fair trial or an impartial adjudication 
                7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy “
                7(D). Could reasonably be expected to disclose the identity of a confidential source
                7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions
                7(F). Could reasonably be expected to endanger the life or physical safety of any individual 
    Exemption 8: Information that concerns the supervision of financial institutions.

    Exclusions:


    Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records.  The provisions protecting those records are known as “exclusions.”  The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed.  


    The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified.  Records falling within an exclusion are not  subject to the requirements of the FOIA.  So, when an office or agency responds to your request, it will limit its response to those records that are subject to the FOIA.”

    WHAT IF YOUR COMPANY DATA IS REQUESTED UNDER THE FOIA?


    When notified by a contacting officer that copies of your company contract(s) and/or proposal(s) have been requested by another firm, identify to the officer  the pricing data, proprietary data and sensitive information you do not wish to have disclosed and formally indicate by letter the sections of the documents you wish redacted prior to release to another firm. The officer may or may not provide to you the name of the firm requesting the information. If you are involved in a re-compete effort for which you are the incumbent it is wise to inform the FOIA Officer of the agency involved that you expect to be notified when requests are made for copies of your information.  


    SUMMARY


    We suggest you study the FOIA site and the agency(s) you target for information.  Be specific in your requests and be prepared to expedite them. The FOIA can be a valuable tool for your business, but it usually takes patience and practice to use it effectively.”


    Effectively Using The Freedom Of Information Act (FOIA)

    #dataProtection #FOIA #FreedomOfInformationAct #news
  7. ROSE COVERED GLASSES @rosecoveredglasses.wordpress.com@rosecoveredglasses.wordpress.com ·

    Effectively Using The Freedom Of Information Act (FOIA)

    “SMALLTOFEDS”By Ken Larson

    “The FOIA is a law that gives you the right to access federal government information. It is often described as the law that keeps citizens in the know about their government. Agencies must disclose any information that is requested – unless that information is protected from public disclosure.”

    ______________________________________________________________________________________________________________

    BACKGROUND

    Extract: United States Department of Justice Web Site:


    “Enacted on July 4, 1966, and taking effect one year later, the Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A FOIA request can be made for any agency record. Before sending a request to a federal agency, you should determine which agency is likely to have the records you are seeking. Each agency’s website will contain information about the type of records that agency maintains.”


    The FOIA is a law that gives you the right to access federal government information.  It is often described as the law that keeps citizens in the know about their government. Under the FOIA, agencies must disclose any information that is requested – unless that information is protected from public disclosure. The FOIA also requires that agencies automatically disclose certain information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.”

    POINTS OF CONTACT (POC)

    Contacts
    A typical Federal Agency POC page will look like this:
    “Contacts

    The Office of Management (OM) advises the public and U.S. Department of Education (ED) employees regarding FOIA requests and ED information available to the public. As the lead organization for ED’s FOIA Program, OM provides training for ED officials and guidance and support to the FOIA Coordinators and FOIA Review Officers in the Department’s Principal Offices and 12 regional and field offices.

    Send requests via email to: [email protected]
    Send requests via fax to: (202) 401-0920
    Send requests via mail to:

    U.S. Department of Education
    Office of Management
    Office of the Chief Privacy Officer
    400 Maryland Avenue, SW, LBJ 2E321
    Washington, DC 20202-4536
    ATTN: FOIA Public Liaison

    FOIA Requester Service Center
    (202) 401-8365

    FOIA Director
    (202) 453-6362
    Gregory Smith

    FOIA Public Liaison and Team Lead 
    (202) 205-0733
    Robert Wehausen

    FOIA Analysts
    (202) 401-8365
    Elise Cook
    Arthur Caliguiran
    Christie Swafford

    FOIA Appeals
    (202) 401-8365
    Arthur Caliguiran

    Privacy Act Requests 
    (202) 401-8365


    PRACTICAL USE


    Although occasions may arise for use of the FOIA on legal matters, personnel issues, and records that relate to agency background and activities, the most common uses of the FOIA in government contracting are as follows:

    • Market Research
    • Copies of historical contracts issued by an agency as well as contractor proposals.
    • Specific articles supporting a protest action.

    RESPONSE TIME


    The FOIA require a 30 day response time to your request, but actual response times vary by agency and backlog. 
    If the agency determines the request will exceed $25 in costs, you should indicate in your request that you will be willing to pays those costs to receive the data. 


    MAKE YOUR REQUEST  AS SPECIFIC AS POSSIBLE


    Identify the document or documents specifically by name and identifying number (s).  When requesting contracts, RFP’s, change orders and similar data, always include the contract number and be specific with regard to references to all changes.  If proposals are requested include a specific request for management, technical and cost volumes. The more detail you provide the more likely the response will supply what you wish to have.


    BE PREPARED FOR GOVERNMENT REDACTING


    When the government receives requests for copies of contracts, proposals and similar data that contain specific in formation pertinent to another company, they are required to contact that company and ask for identification of information the firm deems proprietary.  To the extent the firm identifies such data, expect the response you receive to have the data redacted (blanked out and unreadable). 


    EXPEDITING

    Among the larger agencies, especially DOD and Justice, it is rare to receive the information requested in a FOIA within 30 days.  Be prepared to expedite, by email, registered letter and by visitation if necessary, depending on the importance of the request to your business.  


    REFUSALS


    Refusals by the government can be appealed if you and your legal counsel make the judgment a given request falls outside of the following exemptions permitted the government or one of three special law enforcement record exclusions detailed at the FOIA web site:”Exemption 1: Information that is classified to protect national security.  The material must be properly classified under an Executive Order.
    Exemption 2: Information related solely to the internal personnel rules and practices of an agency. 
    Exemption 3: Information that is prohibited from disclosure by another federal law. Additional resources on the use of Exemption 3 can be found on the Department of Justice FOIA Resources page.
    Exemption 4: Information that concerns business trade secrets or other confidential commercial or financial information.
    Exemption 5: Information that concerns communications within or between agencies which are protected by legal privileges, that include but are not limited to:
    Attorney-Work Product PrivilegeAttorney-Client PrivilegeDeliberative Process PrivilegePresidential Communications Privilege
    Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.
    Exemption 7: Information compiled for law enforcement purposes if one of the following harms would occur.  Law enforcement information is exempt if it:
                7(A). Could reasonably be expected to interfere with enforcement proceedings 
                7(B). Would deprive a person of a right to a fair trial or an impartial adjudication 
                7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy “
                7(D). Could reasonably be expected to disclose the identity of a confidential source
                7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions
                7(F). Could reasonably be expected to endanger the life or physical safety of any individual 
    Exemption 8: Information that concerns the supervision of financial institutions.

    Exclusions:


    Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records.  The provisions protecting those records are known as “exclusions.”  The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed.  


    The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified.  Records falling within an exclusion are not  subject to the requirements of the FOIA.  So, when an office or agency responds to your request, it will limit its response to those records that are subject to the FOIA.”

    WHAT IF YOUR COMPANY DATA IS REQUESTED UNDER THE FOIA?


    When notified by a contacting officer that copies of your company contract(s) and/or proposal(s) have been requested by another firm, identify to the officer  the pricing data, proprietary data and sensitive information you do not wish to have disclosed and formally indicate by letter the sections of the documents you wish redacted prior to release to another firm. The officer may or may not provide to you the name of the firm requesting the information. If you are involved in a re-compete effort for which you are the incumbent it is wise to inform the FOIA Officer of the agency involved that you expect to be notified when requests are made for copies of your information.  


    SUMMARY


    We suggest you study the FOIA site and the agency(s) you target for information.  Be specific in your requests and be prepared to expedite them. The FOIA can be a valuable tool for your business, but it usually takes patience and practice to use it effectively.”


    Effectively Using The Freedom Of Information Act (FOIA)

    #dataProtection #FOIA #FreedomOfInformationAct #news
  8. ROSE COVERED GLASSES @rosecoveredglasses.wordpress.com@rosecoveredglasses.wordpress.com ·

    Effectively Using The Freedom Of Information Act (FOIA)

    “SMALLTOFEDS”By Ken Larson

    “The FOIA is a law that gives you the right to access federal government information. It is often described as the law that keeps citizens in the know about their government. Agencies must disclose any information that is requested – unless that information is protected from public disclosure.”

    ______________________________________________________________________________________________________________

    BACKGROUND

    Extract: United States Department of Justice Web Site:


    “Enacted on July 4, 1966, and taking effect one year later, the Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A FOIA request can be made for any agency record. Before sending a request to a federal agency, you should determine which agency is likely to have the records you are seeking. Each agency’s website will contain information about the type of records that agency maintains.”


    The FOIA is a law that gives you the right to access federal government information.  It is often described as the law that keeps citizens in the know about their government. Under the FOIA, agencies must disclose any information that is requested – unless that information is protected from public disclosure. The FOIA also requires that agencies automatically disclose certain information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.”

    POINTS OF CONTACT (POC)

    Contacts
    A typical Federal Agency POC page will look like this:
    “Contacts

    The Office of Management (OM) advises the public and U.S. Department of Education (ED) employees regarding FOIA requests and ED information available to the public. As the lead organization for ED’s FOIA Program, OM provides training for ED officials and guidance and support to the FOIA Coordinators and FOIA Review Officers in the Department’s Principal Offices and 12 regional and field offices.

    Send requests via email to: [email protected]
    Send requests via fax to: (202) 401-0920
    Send requests via mail to:

    U.S. Department of Education
    Office of Management
    Office of the Chief Privacy Officer
    400 Maryland Avenue, SW, LBJ 2E321
    Washington, DC 20202-4536
    ATTN: FOIA Public Liaison

    FOIA Requester Service Center
    (202) 401-8365

    FOIA Director
    (202) 453-6362
    Gregory Smith

    FOIA Public Liaison and Team Lead 
    (202) 205-0733
    Robert Wehausen

    FOIA Analysts
    (202) 401-8365
    Elise Cook
    Arthur Caliguiran
    Christie Swafford

    FOIA Appeals
    (202) 401-8365
    Arthur Caliguiran

    Privacy Act Requests 
    (202) 401-8365


    PRACTICAL USE


    Although occasions may arise for use of the FOIA on legal matters, personnel issues, and records that relate to agency background and activities, the most common uses of the FOIA in government contracting are as follows:

    • Market Research
    • Copies of historical contracts issued by an agency as well as contractor proposals.
    • Specific articles supporting a protest action.

    RESPONSE TIME


    The FOIA require a 30 day response time to your request, but actual response times vary by agency and backlog. 
    If the agency determines the request will exceed $25 in costs, you should indicate in your request that you will be willing to pays those costs to receive the data. 


    MAKE YOUR REQUEST  AS SPECIFIC AS POSSIBLE


    Identify the document or documents specifically by name and identifying number (s).  When requesting contracts, RFP’s, change orders and similar data, always include the contract number and be specific with regard to references to all changes.  If proposals are requested include a specific request for management, technical and cost volumes. The more detail you provide the more likely the response will supply what you wish to have.


    BE PREPARED FOR GOVERNMENT REDACTING


    When the government receives requests for copies of contracts, proposals and similar data that contain specific in formation pertinent to another company, they are required to contact that company and ask for identification of information the firm deems proprietary.  To the extent the firm identifies such data, expect the response you receive to have the data redacted (blanked out and unreadable). 


    EXPEDITING

    Among the larger agencies, especially DOD and Justice, it is rare to receive the information requested in a FOIA within 30 days.  Be prepared to expedite, by email, registered letter and by visitation if necessary, depending on the importance of the request to your business.  


    REFUSALS


    Refusals by the government can be appealed if you and your legal counsel make the judgment a given request falls outside of the following exemptions permitted the government or one of three special law enforcement record exclusions detailed at the FOIA web site:”Exemption 1: Information that is classified to protect national security.  The material must be properly classified under an Executive Order.
    Exemption 2: Information related solely to the internal personnel rules and practices of an agency. 
    Exemption 3: Information that is prohibited from disclosure by another federal law. Additional resources on the use of Exemption 3 can be found on the Department of Justice FOIA Resources page.
    Exemption 4: Information that concerns business trade secrets or other confidential commercial or financial information.
    Exemption 5: Information that concerns communications within or between agencies which are protected by legal privileges, that include but are not limited to:
    Attorney-Work Product PrivilegeAttorney-Client PrivilegeDeliberative Process PrivilegePresidential Communications Privilege
    Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.
    Exemption 7: Information compiled for law enforcement purposes if one of the following harms would occur.  Law enforcement information is exempt if it:
                7(A). Could reasonably be expected to interfere with enforcement proceedings 
                7(B). Would deprive a person of a right to a fair trial or an impartial adjudication 
                7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy “
                7(D). Could reasonably be expected to disclose the identity of a confidential source
                7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions
                7(F). Could reasonably be expected to endanger the life or physical safety of any individual 
    Exemption 8: Information that concerns the supervision of financial institutions.

    Exclusions:


    Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records.  The provisions protecting those records are known as “exclusions.”  The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed.  


    The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified.  Records falling within an exclusion are not  subject to the requirements of the FOIA.  So, when an office or agency responds to your request, it will limit its response to those records that are subject to the FOIA.”

    WHAT IF YOUR COMPANY DATA IS REQUESTED UNDER THE FOIA?


    When notified by a contacting officer that copies of your company contract(s) and/or proposal(s) have been requested by another firm, identify to the officer  the pricing data, proprietary data and sensitive information you do not wish to have disclosed and formally indicate by letter the sections of the documents you wish redacted prior to release to another firm. The officer may or may not provide to you the name of the firm requesting the information. If you are involved in a re-compete effort for which you are the incumbent it is wise to inform the FOIA Officer of the agency involved that you expect to be notified when requests are made for copies of your information.  


    SUMMARY


    We suggest you study the FOIA site and the agency(s) you target for information.  Be specific in your requests and be prepared to expedite them. The FOIA can be a valuable tool for your business, but it usually takes patience and practice to use it effectively.”


    Effectively Using The Freedom Of Information Act (FOIA)

    #dataProtection #FOIA #FreedomOfInformationAct #news
  9. ROSE COVERED GLASSES @rosecoveredglasses.wordpress.com@rosecoveredglasses.wordpress.com ·

    Effectively Using The Freedom Of Information Act (FOIA)

    “SMALLTOFEDS”By Ken Larson

    “The FOIA is a law that gives you the right to access federal government information. It is often described as the law that keeps citizens in the know about their government. Agencies must disclose any information that is requested – unless that information is protected from public disclosure.”

    ______________________________________________________________________________________________________________

    BACKGROUND

    Extract: United States Department of Justice Web Site:


    “Enacted on July 4, 1966, and taking effect one year later, the Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special law enforcement record exclusions. A FOIA request can be made for any agency record. Before sending a request to a federal agency, you should determine which agency is likely to have the records you are seeking. Each agency’s website will contain information about the type of records that agency maintains.”


    The FOIA is a law that gives you the right to access federal government information.  It is often described as the law that keeps citizens in the know about their government. Under the FOIA, agencies must disclose any information that is requested – unless that information is protected from public disclosure. The FOIA also requires that agencies automatically disclose certain information, including frequently requested records. As Congress, the President, and the Supreme Court have all recognized, the FOIA is a vital part of our democracy.”

    POINTS OF CONTACT (POC)

    Contacts
    A typical Federal Agency POC page will look like this:
    “Contacts

    The Office of Management (OM) advises the public and U.S. Department of Education (ED) employees regarding FOIA requests and ED information available to the public. As the lead organization for ED’s FOIA Program, OM provides training for ED officials and guidance and support to the FOIA Coordinators and FOIA Review Officers in the Department’s Principal Offices and 12 regional and field offices.

    Send requests via email to: [email protected]
    Send requests via fax to: (202) 401-0920
    Send requests via mail to:

    U.S. Department of Education
    Office of Management
    Office of the Chief Privacy Officer
    400 Maryland Avenue, SW, LBJ 2E321
    Washington, DC 20202-4536
    ATTN: FOIA Public Liaison

    FOIA Requester Service Center
    (202) 401-8365

    FOIA Director
    (202) 453-6362
    Gregory Smith

    FOIA Public Liaison and Team Lead 
    (202) 205-0733
    Robert Wehausen

    FOIA Analysts
    (202) 401-8365
    Elise Cook
    Arthur Caliguiran
    Christie Swafford

    FOIA Appeals
    (202) 401-8365
    Arthur Caliguiran

    Privacy Act Requests 
    (202) 401-8365


    PRACTICAL USE


    Although occasions may arise for use of the FOIA on legal matters, personnel issues, and records that relate to agency background and activities, the most common uses of the FOIA in government contracting are as follows:

    • Market Research
    • Copies of historical contracts issued by an agency as well as contractor proposals.
    • Specific articles supporting a protest action.

    RESPONSE TIME


    The FOIA require a 30 day response time to your request, but actual response times vary by agency and backlog. 
    If the agency determines the request will exceed $25 in costs, you should indicate in your request that you will be willing to pays those costs to receive the data. 


    MAKE YOUR REQUEST  AS SPECIFIC AS POSSIBLE


    Identify the document or documents specifically by name and identifying number (s).  When requesting contracts, RFP’s, change orders and similar data, always include the contract number and be specific with regard to references to all changes.  If proposals are requested include a specific request for management, technical and cost volumes. The more detail you provide the more likely the response will supply what you wish to have.


    BE PREPARED FOR GOVERNMENT REDACTING


    When the government receives requests for copies of contracts, proposals and similar data that contain specific in formation pertinent to another company, they are required to contact that company and ask for identification of information the firm deems proprietary.  To the extent the firm identifies such data, expect the response you receive to have the data redacted (blanked out and unreadable). 


    EXPEDITING

    Among the larger agencies, especially DOD and Justice, it is rare to receive the information requested in a FOIA within 30 days.  Be prepared to expedite, by email, registered letter and by visitation if necessary, depending on the importance of the request to your business.  


    REFUSALS


    Refusals by the government can be appealed if you and your legal counsel make the judgment a given request falls outside of the following exemptions permitted the government or one of three special law enforcement record exclusions detailed at the FOIA web site:”Exemption 1: Information that is classified to protect national security.  The material must be properly classified under an Executive Order.
    Exemption 2: Information related solely to the internal personnel rules and practices of an agency. 
    Exemption 3: Information that is prohibited from disclosure by another federal law. Additional resources on the use of Exemption 3 can be found on the Department of Justice FOIA Resources page.
    Exemption 4: Information that concerns business trade secrets or other confidential commercial or financial information.
    Exemption 5: Information that concerns communications within or between agencies which are protected by legal privileges, that include but are not limited to:
    Attorney-Work Product PrivilegeAttorney-Client PrivilegeDeliberative Process PrivilegePresidential Communications Privilege
    Exemption 6: Information that, if disclosed, would invade another individual’s personal privacy.
    Exemption 7: Information compiled for law enforcement purposes if one of the following harms would occur.  Law enforcement information is exempt if it:
                7(A). Could reasonably be expected to interfere with enforcement proceedings 
                7(B). Would deprive a person of a right to a fair trial or an impartial adjudication 
                7(C). Could reasonably be expected to constitute an unwarranted invasion of personal privacy “
                7(D). Could reasonably be expected to disclose the identity of a confidential source
                7(E). Would disclose techniques and procedures for law enforcement investigations or prosecutions
                7(F). Could reasonably be expected to endanger the life or physical safety of any individual 
    Exemption 8: Information that concerns the supervision of financial institutions.

    Exclusions:


    Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records.  The provisions protecting those records are known as “exclusions.”  The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings. The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed.  


    The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified.  Records falling within an exclusion are not  subject to the requirements of the FOIA.  So, when an office or agency responds to your request, it will limit its response to those records that are subject to the FOIA.”

    WHAT IF YOUR COMPANY DATA IS REQUESTED UNDER THE FOIA?


    When notified by a contacting officer that copies of your company contract(s) and/or proposal(s) have been requested by another firm, identify to the officer  the pricing data, proprietary data and sensitive information you do not wish to have disclosed and formally indicate by letter the sections of the documents you wish redacted prior to release to another firm. The officer may or may not provide to you the name of the firm requesting the information. If you are involved in a re-compete effort for which you are the incumbent it is wise to inform the FOIA Officer of the agency involved that you expect to be notified when requests are made for copies of your information.  


    SUMMARY


    We suggest you study the FOIA site and the agency(s) you target for information.  Be specific in your requests and be prepared to expedite them. The FOIA can be a valuable tool for your business, but it usually takes patience and practice to use it effectively.”


    Effectively Using The Freedom Of Information Act (FOIA)

    #dataProtection #FOIA #FreedomOfInformationAct #news
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