Misc Pub 27-8 Legal Handbook Commander’s 2019
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ArmyDemLogProgramBriefing-Jan17
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- D. Initial Denial Authority (IDA)
- E. Proper Request
- F. Exemptions
| C. Agency Records “Agency records include all documents or records created or obtained by a US. government agency (DoD) that are in the agency’s possession and control at the time a FOIA request is received. Four factors determine an agency’s control • The intent of the creator of the document to retain control over the record The ability of the agency to use and dispose of the record as it sees fit The extent to which agency personnel have read or relied upon the document and • The degree to which the document was integrated into the agency’s record systems or files. D. Initial Denial Authority (IDA) Only an IDA can deny a FOIA request. Reasons for denial, other than exemptions, include no records responsive to the request records not reasonably described and not an agency Return to Table of Contents 324 record within the meaning of the FOIA. The IDAs are specifically designated in AR 25-55. The IDAs are authorized to act on records within their area of functional responsibility. E. Proper Request A proper request is a request that is in writing, by any person (US. or foreign, organization or business, not a Federal agency, that reasonably describes an agency record, asserts a willingness to pay fees, and invokes the FOIA (either generally or specifically). F. Exemptions It is the DoD policy to make records publicly available. There are certain types of records that maybe withheld if the IDA determines that an exemption applies. There are nine exemptions to the FOIA. Some specific exemptions include classified information (properly classified, substantively and procedurally); purely internal rules and procedures privileged communications (including internal advice and recommendations, such as attorney-client privileged information personnel, medical, and similar files (that contain personal and private information, release of which would constitute a clearly unwarranted invasion of privacy and law enforcement records. G. Fees Requestors maybe charged fees for search, review, and reproduction in accordance with AR 25-55. However, there are restrictions on charging fees, including no charge of certain fees where the agency fails to comply with time limits in responding to a request. Under certain requirements, requesters may seek a waiver of fees. H. Appeals Requestors may appeal any adverse determination or denial of requests to the DoD components appellate authority within 90 calendar days after the date of the response. For the Department of the Army, the appellate authority is the Secretary of the Army, delegated to the Department of the Army Office of the General Counsel (OGC). Download 4.49 Mb. Share with your friends:
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