Can you EVER get a useful FBI or CIA file about a living person without a privacy waiver?

Question

Can you EVER get a useful FBI or CIA file about a living person without a privacy waiver?

Asked by David Bixenspan on June 28, 2016.

7 answers from Allan Blutstein, Jack R-W, Russ Kick and David Bixenspan.

David Bixenspan 06/28/2016

Guessing the answer is no, but are there any circumstances where it’s worth trying while the subject is still alive?

Thanks.

Answer 1 · 2016-06-28T18:18:29.725712-04:00

Jack R-W 06/28/2016

You’ll practically never get anything from CIA with ot without a privacy waiver. FBI can release files about living people if there is a significant public interest in the release.

Answer 2 · 2016-06-30T11:06:04.978007-04:00

David Bixenspan 06/30/2016

So how would I prove a significant public interest? What’s the standard?

Thanks.

Answer 3 · 2016-07-06T16:27:13.492113-04:00

Allan Blutstein 07/06/2016

For a thorough discussion of this issue, I would recommend DOJ’s Guide to the FOIA, specifically Exemption 7(C): https://www.justice.gov/sites/default/files/oip/legacy/2014/07/23/exemption7c.pdf#p21.

Answer 4 · 2016-07-12T16:56:51.239939-04:00

Russ Kick 07/12/2016

There is a slightly roundabout way that works in certain situations, at least with the FBI. Namely, if the person you’re interested in is a prominent part of some organization - an activist group, a corporation, even a band. (See Muckrock’s article on the FBI’s infamous KISS file: https://www.muckrock.com/news/archives/2015/oct/15/fbi-files-kiss/. All original members of KISS are still alive). The FBI will (y’know, usually) release files on organizations/groups that will contain info on living individuals.

Answer 5 · 2016-07-12T17:43:04.555853-04:00

David Bixenspan 07/12/2016

Thanks Russ.

To be clear: There would have to be separate investigative file on the group/organization, right? I can’t just request a file on the “organization” if there’s no file just because I’m hoping to get the file of an individual who was part of said organization, right? Can the organization be a company/corporation, or does it have to be a looser affiliation?

Answer 6 · 2016-07-12T19:50:25.895290-04:00

Russ Kick 07/12/2016

Right, there would have to be an FBI file on the group/organization, and the person you’re interested in would have to be (or have been) a prominent part of that group (for example, not just a rank-and-file member of a political organization). The FBI has files on lots of different types of groups - everything from animal-rights organizations to rock bands to street gangs to the NRA. If you’re interested in info about a person who was a major part of any organization, it’s worth filing a request for that group’s file because there might be something about that individual in there (no guarantees, of course). And the FBI might not have a file on that group, but you never know until you file....

Answer 7 · 2016-07-12T22:48:40.338600-04:00

David Bixenspan 07/12/2016

How broad can a FOIA request to the FBI be? I have an idea for an event that would have been on their radar involving some of the people I want to look up…would asking for a file on a “event” worked if I’m specific enough?