Chief FOIA officer exemption 5 guidance (Department of Defense)
| Submitted | Oct. 10, 2013 |
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Communications
From: Shawn Musgrave
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Any guidance, memo, protocol, directive or other document (or segment of another document) written by or for the Chief FOIA/Privacy Officer that provides departmental application of FOIA exemption 5 from 1990 to the day this request is processed.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Shawn Musgrave
From: Department of Defense, Freedom of Information Policy Office
An interim response, stating the request has been delayed
From: MuckRock.com
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on Oct. 10, 2013. Please let me know when I can expect to receive a response, or if further clarification is needed.
Thank you for your help.
From: WHS MC-ALEX ESD Mailbox DoD FOIA Policy Office
Mr. Musgrave,
You should receive a response by December 15, 2013.
Jim Hogan
Defense Freedom of Information Policy Office.
From: Gibbens, Curtis A CIV WHS ESD (US)
Mr. Musgrave,
In the future, please direct your emails to my address regarding your request. In addition, please provide the assigned case number in order that we can provide a more timely response.
Thank you,
Curtis Gibbens
OSD/JS FOIA Office
571-372-0412
From: Gibbens, Curtis A CIV WHS ESD (US)
Dear Mr. Musgrave,
This is in response to your Freedom of Information Act (FOIA) request below.
The Department of Defense (DoD) Chief FOIA Officer has not provided any guidance to the DoD on the application of Exemption 5. However, in its role of providing FOIA guidance to the DoD on behalf of the DoD Chief FOIA Officer, the Defense Freedom of Information Policy Office has produced the attached set of slides for DoD FOIA training.
Inasmuch as this constitutes a full grant, I am closing your file in this office. There are no assessable fees associated with this response in this instance.
Sincerely,
Curtis Gibbens
For Suzanne Council on behalf of
Paul Jacobsmeyer, Chief, Freedom of Information Act Division
Office of Freedom of Information OSD/JS FOIA Office
Curtis Gibbens
OSD/JS FOIA Office
571-372-0412
---
On Oct. 10, 2013:
To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
Any guidance, memo, protocol, directive or other document (or segment of another document) written by or for the Chief FOIA/Privacy Officer that provides departmental application of FOIA exemption 5 from 1990 to the day this request is processed.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
In the event that fees cannot be waived, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.
Sincerely,
Shawn Musgrave
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note):
MuckRock News
DEPT MR 7091
PO Box 55819
Boston, MA 02205-5819
PLEASE NOTE the new address as well as the fact that improperly addressed (i.e., with the requester's name rather than MuckRock News) requests might be returned by the USPS as undeliverable.
From: Gibbens, Curtis A CIV WHS ESD (US)
Dear Mr. Musgrave,
Additional guidance for Exemption 5 is attached with your initial Freedom of Information Act (FOIA), case 14-F-0034. The attachment is also in response to your October 10, 2013, FOIA request submitted to the National Security Agency (NSA), case 14-F-0216.
Mr. Will Kammer, a FOIA Initial Denial Authority determined that portions are exempt from release pursuant to 5 U.S.C. ยง 552 (b)(6), which pertains to information the release of which would constitute a clearly unwarranted invasion of the personal privacy of individuals.
If you are not satisfied with this action, you may appeal to the appellate authority, the Director of Administration and Management, Office of the Secretary of Defense, by writing directly to the Defense Freedom of Information Policy Office, Attn: Mr. James Hogan, 1155 Defense Pentagon, Washington, D.C. 20301-1155. Your appeal should be postmarked within 60 calendar days of the date of this letter, should cite to case number 14-F-0034 and 14-F-0216, and should be clearly marked "Freedom of Information Act Appeal."
Sincerely,
Curtis Gibbens, FOIA Analyst
For Suzanne Council on behalf of
Paul Jacobsmeyer, Chief, Freedom of Information Act Division
Office of Freedom of Information OSD/JS FOIA Office
(571) 372-0412
curtis.a.gibbens.civ@mail.mil
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