Narcotics and Dangerous Drugs Information System information on a deceased person
It is a clone of this request.
| Tracking # |
A-2024-01036 20-00202-F |
| Submitted | Dec. 23, 2019 |
| Due | July 3, 2023 |
| Est. Completion | None |
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Communications
From: T. McElwee
To Whom It May Concern:
Pursuant to the Freedom of Information Act, I hereby request the following records:
All Narcotics and Dangerous Drugs Information System entries mentioning Ram Dass, birth name Richard Alpert.
To assist in finding records, the following biographical information is known: date of birth, April 6, 1931; date of death, December 22, 2019.
Ram Dass's death was widely reported in 2019 (see NY Times report attached). Records concerning Ram Dass as a subject should thus be free of privacy concerns of FOIA Exemption 6, 7(C) as well as the Privacy Act.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, 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,
T. McElwee
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good Morning,
Your request regarding Richard Alpert has been received and assigned case number 20-00202-F. However, we need clarification concerning your request for Narcotics and Dangerous Drugs Information System entries.
Be advised, DEA locates information from IRFS using the DEA Narcotics and Dangerous Drugs Information System ("NADDIS"). NADDIS is an electronic data index system and the practical means by which DEA identifies and locates records in IRFS across all of DEA's offices worldwide. A query of NADDIS does not result in any actual IRFS records or documents, nor does it link to any electronic IRFS records. Unlike IRFS, NADDIS is not a record keeping system so it does not contain complete information from an investigative file..
Please get back to me when possible. If you would like to discuss this request, give us a call at 202-307-7596.
Best,
Ashley Williams, J.D.
IBSS Corp. Paralegal III Contractor, DEA FOI/PA Unit (FSRF)
Drug Enforcement Administration
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PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.
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From: T. McElwee
To: Ashley Williams, J.D.
Re: FOIA Request 20-00202-F
My thanks for your reply, your clarification and working to perfect this request. I beg your pardon for my uneducated shorthand.
Thank you for pointing out that NADDIS is the pointer-index to IFRS and not the record-keeping system itself.
Indeed, it is the underlying IFRS records that come from a search of NADDIS for the named person (Ram Dass, birth name Richard Alpert) that I wish to receive.
Thank you,
T. Mc
From: Drug Enforcement Administration
Good Afternoon,
Attached is the acknowledgment letter regarding your FOIA case number 20-00202-F.
If you have any additional question please contact our customer service hotline at 202-307-7596.
Best,
Yvette Davis
Program Analyst
Freedom of Information and Records Management Section
Office of Administration
From: Drug Enforcement Administration
Good morning Mr. McElwee,
Attached, you will find the signed status letter for your FSRF case number 20-00202-F. If you have any questions please contact the GIS Specialist that is listed on your letter or call the mainline 202-307-7596.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00202-F.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00202-F.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good day Mr. McElwee,
Please be advised that your case is in process, I have no expected date when you will received a response due to the case will be reviewed by management before a response is released.
Djuana Lewis
Government Information Specialist
Freedom of Information/Privacy Act Unit
FSRF
202-353-1075
From: Drug Enforcement Administration
Lewis, Djuana C. would like to recall the message, "Freedom of Information Act Request #20-00202-F".
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00202-F.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00202-F.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00202-F.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #20-00202-F.
Thanks for your help, and let me know if further clarification is needed.
From: Drug Enforcement Administration
Good afternoon Mr. McElwee:
Attached, you will find the signed status letter for your FSRF case number 20-00202-F. If you have any questions please contact the GIS Specialist that is listed on your letter or call the mainline (571) 776-2300.
Djuana Lewis
Government Information Specialist
Processing Unit
Freedom of Information and Privacy Act Section
571-776-2988
PRIVACY ACT INFORMATION: This e-mail may contain information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). If the reader of this communication is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If this communication has been received in error, please immediately delete all copies and notify me by e-mail.
From: Drug Enforcement Administration
Good morning Mr. McElwee:
Please see the attached response to your Freedom of Information/Privacy Act request 20-00202-F. If you have any questions, please contact me at (571) 776-2988.
Djuana Lewis
Government Information Specialist
Freedom of Information and Privacy Act Unit
FOIA and Information Law Section
Processing Sub-Unit
Drug Enforcement Administration
8701 Morrissette Drive
Springfield, VA 22152
Direct: 571-776-2988
E-mail: Djuana.C.Lewis@dea.gov<mailto:Djuana.C.Lewis@dea.gov>
PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal and privileged information that requires protection in compliance with the Privacy Act of 1974 (5 U.S.C. § 552a). Any use of this information by anyone other than the intended recipient is prohibited. If you have received this communication in error, please immediately delete all copies of this information and notify me by e-mail. The use, dissemination, distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful.
From: T. McElwee
Yes, I am still very interested in the agency's legally required response to FOIA Case Number: 20-00202-F.
T. McElwee
From: Drug Enforcement Administration
Dear T. McElwee: Please see the attached response to your Freedom of Information Act/Privacy Act (FOIA/PA) request 20-00202-F. If you have any questions, please contact our FOIA Requester Service Center at (571) 776-2300. Sincerely,
FOIA/PA Unit
FOIA & Information Law Section
Office of Chief Counsel
Drug Enforcement Administration PRIVACY ACT NOTICE: This e-mail (including any attachments herein) may contain personal andprivileged information that requires protection in compliance with the PrivacyAct of 1974 (5 U.S.C. § 552a). Any useof this information by anyone other than the intended recipient is prohibited. If you have received this communication inerror, please immediately delete all copies of this information and notify meby e-mail. The use, dissemination,distribution, or reproduction of this communication by unintended recipients is not authorized and may be unlawful.
From: Drug Enforcement Administration
Dear T. McElwee,
The status of your FOIA request #20-00202-F has been updated to the following status 'Closed'. To log into the DEA Public Access Link click on the Application URL below.
Sincerely,
DEA
From: T. McElwee
I hereby APPEAL the agency's denial of records for Case Number: 20-00202-F, Subject: Information on Deceased Third Party - Alpert, Richard
This appeal is made on grounds that the agency has violated basic principles of FOIA: it has wrongly invoked b(7)e (the "techniques and procedures" exemption) to deny the request in full, while failing to provide any non-exempt material.
I will note that the agency has invoked *only* b(7)e and no other exemption in this matter, so I will not address any other exemption.
Please note the following:
• Law and precedent regarding Freedom of Information Act and its exemptions consistently upheld a right of requesters to records that is broad, while granting government agencies exemptions that are narrow.
• The agency's decision fails both prongs: it refuses to provide records this requester is entitled to inspect, while it abuses the "techniques and procedures" exemption in a fashion so over-broad as to be ridiculous.
• Note that request was for "a query of Narcotics and Dangerous Drugs Information System (NADDIS)." The agency cannot claim that NADDIS is a secret technique or procedure; requests for the materials found through NADDIS have been routinely granted since 2010, including to this requester.
• FOIA clearly states that where records are a mixture of exempt and non-exempt, the requester is entitled to "[a]ny reasonably segregable portion of a record […] after deletion of the portions which are exempt." No such material was ever provided to the requester, who first made this request in 2019.
My prayer for relief is therefore:
• That the agency's abuse of the b(7)e exemption cease;
• That the agency remand this request back to a qualified staffer;
• That staff search for and provide responsive material in line with the rights of public to inspect records; and
• Where there is any mixture of exempt and non-exempt material, that the agency provide all reasonably segregable material to which the requester is entitled.
From: Drug Enforcement Administration
The Office of Information Policy has received your FOIA Appeal. Please see the attached acknowledgment letter.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Freedom of Information Act request, copied below, and originally submitted on Dec. 23, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #A-2024-01036.
Thanks for your help, and let me know if further clarification is needed.
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