|Submitted||July 24, 2012|
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To Whom It May Concern:
This is a request under the Freedom of Information Act. I hereby request the following records:
A copy of the past 3 years (2009 - 2011) of FOIA logs or indexes maintained by the FFIEC.
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.
RESPONSE BY EMAIL ONLY
DEPT MR 1558
PO Box 55819
Boston, MA 02205-5819
FFIEC FOIA Log No. FFIEC-012-008
Dear Mr. Morisy:
The Federal Financial Institutions Examination Council (FFIEC) is in receipt of your email correspondence, pursuant to the provisions of the Freedom of Information Act (FOIA), 5 U.S.C. § 552. In your correspondence dated July 24, 2012, a request was made for disclosure of the “past 3 years (2009-2011) of FOIA logs or indexes maintained by the FFIEC.” Your FOIA request has been assigned a tracking number: FFIEC-012-008, please use this number to reference your request in the future.
The FOIA provides that federal agencies make their records promptly available to any person who makes a proper request for them. 5 U.S.C. § 552(a)(3)(A). Please note that the FOIA does not require that the FFIEC do research, analyze data, answer written questions, or in any other way create records in order to respond to a request. See Kissinger v. Reporters Committee for Freedom of the Press, 445 U.S. 136,152, 100 S.Ct.960, 63 L.Ed.2d 267 (1980)(“The Act does not obligate agencies to create or retain documents; it only obligates them to provide access to those which it in fact has created and retained.”); Carson v. U.S. Office of Special Counsel, 534 F. Supp.2d 99, 102-103 (D.D.C. 2008)(“The FOIA does not require an agency to create documents that do not exist or to collect disparate data and then generate an agency record.”).
Please be advised that your FOIA request is granted in part and our agency FOIA logs for the years 2009-2011 are attached to this email. Your request is denied in part due to redactions made in the logs pursuant the exemption language of the FFIEC FOIA regulation §1101.4 (b)(vi) which protects information about individuals in "personnel and medical files and similar files" when the disclosure of such information "would constitute a clearly unwarranted invasion of personal privacy."
Should you consider this response to be a denial of your request, you may appeal to the Chairman of the FFIEC within 10 working days of the date of this response. If you decide to appeal, please submit your appeal in writing to the Chairman of the FFIEC at the following address: FFIEC, Attn: Executive Secretary, 3501 Fairfax Drive, Room B7081a, Arlington, VA, 22226-3550. Both the mailing envelope and the request should be marked "Freedom of Information Act Appeal," "FOIA Appeal," or the like. Please refer to the FFIEC log number, the date of the original request and the date of this response in the appeal. You should also include any additional information that you would like the Chairman to consider.
Judith Dupre, Executive Secretary, FFIEC