2017 FOIA logs: USDA (USDA Farm Services Agency)

Control Number 2020-FPAC-FSA-05740-F

Dear Mr. Kick:

This responds to your Freedom of Information Act (FOIA) request dated August 10, 2020, assigned control number 2020-FPAC-FSA-05740-F.

In response to your request, we located one document, comprising 23 pages. With respect to these pages, we are releasing 4 pages in full and releasing 19 pages in part pursuant to 5 U.S.C. § 552(b)(3) and (b)(6) of the FOIA. Electronic copies have been sent as attachments to this email.

Exemption 3 -- 5 U.S.C. § 552(b)(3):

Exemption 3 protects information included in FSA’s records specifically exempted from
disclosure by another Federal Statute, in this instance Section 1619(b) of the Food,
Conservation and Energy Act of 2008 (7 USC § 8791), prohibits disclosing the information
requested.

The records you have requested include information that FSA has obtained from agricultural
producers or landowners that concerns their farming or agricultural operation, including
production and marketing of agricultural commodities and livestock, farming practices,
conservation practices or the land itself. The type of information withheld includes email
addresses, date of birth, physical address, loan amount, farm number, track number, Tax ID
number and number of acres. This information is required to be provided to FSA for the
agricultural producers and/or landowners shown on these records to participate in FSA’s farm
programs.

Exemption 6 -- 5 U.S.C. § 552(b)(6):

Exemption 6 protects personal information affecting an individual’s privacy.
Specifically, exemption 6 protects personnel and medical files and similar files, the disclosure
of which would constitute a clearly unwarranted invasion of personal privacy.
The courts have held that the phrase "similar files" involves all information that applies to a
particular person. When disclosure of information about particular individuals is requested, the courts have decided that it is necessary for us to determine whether release of the information would constitute a clearly "unwarranted" invasion of the individuals’ privacy. To make this determination, we are required to perform a "balancing test." This means that we must weigh the individual’s right to privacy against the public’s right to disclosure. In this instance, we have determined that the disclosure of this information would shed little or no light on the performance of the agency’s statutory duties and that, on balance; the public interest to be served by its disclosure does not outweigh the privacy interest of the individuals in question, in withholding it. The records withheld under this exemption are email addresses, date of birth, address, loan amount, farm number, track number, Tax ID number and number of acres.

If you believe this determination to withhold information is incorrect, you may appeal to the
FSA Administrator. The Appeals and Litigation Staff must receive your written appeal within
ninety (90) calendar days of the date of this letter. Please include in the appeal the location of
the responsive records, if it is known to you, and the reason why you believe that there are
records responsive to your request in FSA files. Be sure to include a copy of your initial
request letter in your appeal package. You may submit your appeal electronically to
FSAFOIAappeal@wdc.usda.gov<mailto:FSAFOIAappeal@wdc.usda.gov> or by mail. If mailing the appeal, clearly mark both your
letter and its envelope with the words “Freedom of Information Act Appeal.” Mail your
appeal package to the following address.

ADMINISTRATOR
ATTN: APPEALS AND LITIGATION STAFF
USDA FSA
1400 INDEPENDENCE AVE SW RM 5971-S
STOP CODE 0570
WASHINGTON DC 20250-0570.

You may seek dispute resolution services from the FSA FOIA liaison. Contact information
for the FSA FOIA liaison is:

OFFICE OF EXTERNAL AFFAIRS
PUBLIC AFFAIRS STAFF
USDA-FSA
1400 INDEPENDENCE AVE SW RM 4074-S
STOP CODE 0506
WASHINGTON DC 20250-0506
PHONE: (202) 720-6788
FAX: (202) 720-4034
EMAIL: fsa.foia@wdc.usda.gov<mailto:fsa.foia@wdc.usda.gov>

You may contact the Office of Government Information Services at the National Archives and
Records Administration to inquire about the FOIA mediation services they offer. Contact
information for the Office of Government Services is:

OFFICE OF GOVERNMENT INFORMATION SERVICES
NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
8601 ADELPHI ROAD-OGIS
COLLEGE PARK, MARYLAND 20740-6001
PHONE: (202) 741-5770
TOLL FREE: (877) 684-6448
FAX: (202) 741-5769
EMAIL: ogis@nara.gov<mailto:ogis@nara.gov>

Contacting the FSA FOIA liaison or the Office of Government Information Services does not
affect your right to administratively appeal to FSA.

This information has been previously provided to another requester; Therefore, there is no fee for the processing of this request.

Sincerely,
[cid:image001.jpg@01D67096.ECF569C0]
Patrick McLoughlin
FOIA Officer
Farm Production and Conservation

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