Sample Appeal to NSA Glomar Kitchen Sink Denial of Privacy Act Request
1 answer from Jack R-W.
I am looking for good resources for drafting an appeal letter on behalf of individuals who have sought records (under the Privacy Act) related to their own telephone and email records / metadata. In response, I received the Glomar / kitchen sink denial letters that the NSA mails out. These cite the following: (1) fact of the existence / non-existence of records is classified under Executive Order 13526(c), Section 1.4, thus 5 U.S.C. § 552(b)(1) applies ; (2) 5 U.S.C. § 552(b)(2) applies because of the application of specific statutes; and (3) 5 U.S.C. § 552a(k)(1), which incorporates 5 U.S.C. § 552(b)(1).
Unfortunately, your appeal won’t help. They will not release these records, period. If you really want to go through with it, you can use the letter from here: https://masspirates.org/blog/2014/08/25/nsa-foia-call-records/