This FAQ (Frequently Asked Questions) is compiled in response to inquiries I have received, and is an attempt to answer basic FOIA and Privacy Act questions. Please check back often for updates!

1. Who is covered by the federal Freedom of Information Act?

A. The FOIA covers the Executive Branch of the Federal Government. The Judicial and Legislative Branches are not covered, however many historical Judicial and Legislative Branch records may be located and accessed through the National Archives. State and local governments are usually covered by a state version of the Freedom of Information Act.

2. Are private companies, state and local governments covered by the Privacy Act?

A. No. As with the FOIA, only the Executive Branch of the Federal Government is covered by the Privacy Act.

3. Can I get criminal records about a third party under the FOIA?

A. Most agencies that are involved in the criminal justice system will not release the records of third parties that are alive under the FOIA without a notarized waiver of the third party.

4. Can the government charge for this information?

A. Yes, the government may charge reasonable duplication, search and processing fees. The fee category a requester is placed in depends on who the requester is and the fees charged must be published via agency regulations