WORTH READING A rare peek at Homeland Security's files on travelers

[David Farber <dave () farber net>]

Begin forwarded message:

From: Karl Auerbach <karl () cavebear com>
Date: January 8, 2009 2:32:37 PM EST
To: dave () farber net
Cc: ip <ip () v2 listbox com>
Subject: Re: [IP] A rare peek at Homeland Security's files on travelers

David Farber wrote:

> *Subject: **A rare peek at Homeland Security's files on travelers*

It was odd that the person used the Freedom of Information Act to  
request records about himself.

He ought to have used the Privacy Act.

The two acts bear confusingly similar code numbers: 5 USC 552 vs 5 USC  
552a.  But that is about as far as the similarity goes.

Agencies just love to conflate Privacy Act requests as if they were  
FOIA requests because the former is somewhat more stringent, has  
shorter timelines, and provides less agency discretion about if and  
how to respond.  By conflating the two, agencies often cite FOIA  
grounds to delay or to refuse to disgorge information that they are  
required to promptly disgorge under the Privacy Act, and then to make  
things worse, they use FOIA rules to try to get people to pay fees for  
what the Privacy Act gives for free.

If a person wants information about himself/herself the primary  
vehicle is the Privacy Act.  FOIA can be also used but if it is it  
should be done as a separate request under a separate cover; otherwise  
the agency will almost certainly end up ignoring the Privacy Act  
aspect and treat the whole thing under FOIA.

It is sad that people don't know the difference; it is sadder that we  
let agencies get away with this shell game; it is most sad that we  
have privacy laws in this country that are so shamefully weak as to be  
nearly vacuous.

                --karl--




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