7.29.10.
Use of Non-Public Information.
Avoid
unauthorized disclosure of information "not made available
to the general public". In the alternative, use a Freedom of
Information Act (FOIA) standard. Avoid disclosing information "not
authorized to be made available to the public on request".
Other bases for nondisclosure include the Privacy Act, Trade Secrets,
and classified material.
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7.29.10.
Use of Non-Public Information.
Avoid
unauthorized disclosure of information "not made available
to the general public". In the alternative, use a Freedom of
Information Act (FOIA) standard. Avoid disclosing information "not
authorized to be made available to the public on request".
Other bases for nondisclosure include the Privacy Act, Trade Secrets,
and classified material.
FOIA requests for information may be sensitive
as they may pertain to patient information or otherwise military
sensitive data. Therefore, any information provided under a FOIA
request must be coordinated with the command Public affairs Officer
as well as the responsible Director, Executive Officer, and Commanding
Officer. If there are questions concerning what information is appropriate
for release under the FOIA, consult with the command legal services
officer or your supporting Navy Legal Services Office (NLSO). All
FOIA requests and the command’s reply should be routed via
the above mentioned officers for their comment and Commanding Officer’s
Approval. NOTE:
BUMED PAO and Navy Chief of Information (CHNFO) MUST
be notified by the PAO of any records released having evident
public affairs implications.
SECNAVINST
5720.42F outlines the current policies and procedures to be followed
in managing requests for information under the FOIA. The instruction
addresses the minimum requirements for a request; how to process
a request; the use of FOIA exemptions; time limits for responses;
formal and informal extensions of those time limits; appeal procedures;
the marking, handling and safeguarding of records; and FOIA fee
schedules. The instruction provides sample letters to assist in
responding to FOIA requests, addresses FOIA record disposition
requirements, identifies DoN initial denial and appellate authorities,
and provides the instructions for Annual FOIA reports. A listing
of FOIA exemptions is provided for information purposes. If there
is a need to invoke an exemption when responding to a FOIA request,
command legal council must be consulted.
FOIA
Exemptions:
Exemption 1 -- Classified Information
Exemption 2 -- Internal Administrative Matters
Exemption 3 -- Prohibited from release by other Federal Statutes
Exemption 4 -- Trade Secrets
Exemption 5 -- Privileged Information
Exemption 6 -- Personal Privacy
Exemption 7 -- Law Enforcement Information
Exemption 8 -- Financial Organizations’ Records
Exemption 9 -- Geological and geophysical information and data,
including maps concerning wells
Exemption
6 permits the government to withhold all information about individuals
in “personnel and medical files and similar files”
where the disclosure of such information “would constitute
a clearly unwarranted invasion of personal privacy”. This
exemption cannot be invoked to withhold from a requester, information
pertaining only to the requester.
The
comptroller is responsible to ensure that any funded requests
are forwarded to the appropriate federal account. Use of the SF-1080,
collection voucher, is mandatory. The SF-1080 must contain reference
to SECNAVINST. 5720.42F and/or DODINST. 5400.7. Funds collected
for responding to FOIA requests are to be deposited to the following
line of accounting (LOA):
17 R 2419.1203 and the TT should be 3C
The
following Navy FOIA website is an excellent resource for the requesters
and FOIA coordinators.
http://neds.nebt.daps.mil/Directives/5720_42f.pdf
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