NCJ Number
116172
Journal
John Marshall Law Review Volume: 21 Issue: 4 Dated: (Summer 1988) Pages: 703-733
Date Published
1988
Length
31 pages
Annotation
This article examines a conflict between two Federal laws -- the Privacy Act of 1974 and the Freedom of Information Act of 1966 and how the U.S. Congress sought in 1984 to resolve that conflict.
Abstract
The Freedom of Information Act (FOIA) provides that the records of Federal government agencies be accessible to the public unless they are specifically exempted by the FOIA itself or some other Federal statute. The Privacy Act limits the gathering and dissemination of information about whom the Federal government has collected information. After passage of the Privacy Act, and agency no longer had the discretionary power to disclose privacy invading information that might have been withheld under an exemption of the Freedom of Information Act. The author traces the legislative histories of both acts as well as post-enactment Congressional statements, administrative interpretation and practice, and judicial determinations of the relationship between the two acts. The Congressional resolution of the FOIA-Privacy Act conflict by amending the Privacy Act in 1984 is detailed and the need for further clarification of the legislation is discussed. 147 footnotes.