FBI: NCIC Diagnostic Questionaire

To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

I am requesting a full copy of all questions asked of arrestees that become part of the NCIC database.

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,

Ryan Swanzey

Dear Mr. Hardy:

Thank you for your response to the FOIA request I recently submitted via the public information website Muckrock.

In your response, you noted that my request was inadequately described and it would be denied without clarification. As you may recall, I am inquiring about a standard list of diagnostic questions that are asked of arrestees upon being booked into jail.

As an example, I recently spent a night in jail after turning myself in for missing a court date regarding a traffic violation. I was asked dozens of questions about medical history, religion, sexuality, and mental health. I asked questions of the two officers handling my booking during this process, and they indicated that my answers were becoming part of my file within the NCIC database. Because the FBI is responsible for the NCIC database, I directed my inquiry here. This information does not appear to be publicly available based on my research. While I understand the reasoning behind some of these questions, both the breadth of the questioning and the private matters discussed seemed excessive. Because the officers indicated that this was a standard procedure for jail intake no matter the crime or criminal record of the individual, I strongly feel that disclosure of this information is in the best interest of the public.

In your letter dated November 12, you indicated that additional information such as "complete names of individuals, organizations or events, dates and places of birth and the approximate time frame of the information sought" would help to expedite this FOIA request. None of these descriptors are applicable to diagnostic questions asked of arrestees. For this reason, I have no further clarification to offer regarding my original request: I contend that it is self-explanatory, and release of this questionnaire would not undermine the efforts of the FBI to maintain a national criminal database.

Sincerely,

Ryan Swanzey