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Minimum Requirements The minimum requirements for an FOIA request are the request (1) cites or implicates the FOIA, (2) contains a reasonable description of the information or records requested, and (3) contains a clear statement of the requester's willingness to pay fees, a willingness to pay fees up to a stated amount, or a request for a fee waiver. If the FOIA request does not meet these requirements, the naval activity should answer the inquiry, within 10 working days, to inform the requester of the contents of a proper request. Identify the Records Requested Commands must search their filing systems and existing retrieval systems if the description provided by the requester enables naval personnel to locate the records with reasonable effort. The FOIA does not authorize "fishing expeditions," nor are commands required to respond to blanket requests for all documents. The naval activity will notify the requester if the description does not reasonably describe the records sought and provide guidance on the specificity required to begin a search. If the requested record was originated by another activity, the receiving activity will not release or deny such records without consulting the other naval activity. The receiving activity will coordinate with that activity before referring the FOIA request and copies of the requested documents for direct response. A naval activity does not have to create or compile a record. A record may be compiled if it is either a more useful response to the requester or a lesser burden to the naval activity than providing existing records, and the requester does not object. Requests Requiring Special Handling Detailed instructions for records requiring special handling are in paragraph 62(4) of SECNAVINST 5720.42E. The most common requests requiring special handling are briefly outlined as follows: . Classified records-If the existence or nonexistence of the requested information is classified, the naval activity will refuse to confirm or deny its existence or nonexistence. If the documents requested are classified by another agency, or if the head of the agency is not the classifying authority, the agency will refer the request and copies of the requested documents to the originating agency or classification authority. . Naval Criminal Investigative Service Command reports-Requests should be sent to the Naval Criminal Investigative Service Command, Washington, DC 20374-5000, and the requester so notified. l JAG Manual investigative reports-Requests should be referred to the Office of the Judge Advocate General, 200 Stovall Street, Alexandria, Virginia 22332-2400, and the requester so notified. . Mishap investigation reports-Requests should be sent to Commander, Naval Safety Center, Naval Air Station, Norfolk, Virginia 23511-5796, and the requester so notified. Misdirected/misaddressed requests will be promptly readdressed and sent to the cognizant or originating activity for action and the requester so notified. Time Limits The responsible naval activity has 10 working days from receipt to respond to an FOIA request, excluding weekends and holidays. If the naval activity cannot respond within 10 days, it may inform the requester of the reasons for the delay, that the delay may be treated as an initial denial of the request, and the requester will be informed of the appeal rights. This is considered a formal extension of time. The activity also may negotiate an informal extension of time with the requester that is mutually agreeable. A naval record maybe withheld from disclosure if exempt. For additional guidance on exemptions, refer to SECNAVINST 5720.42E. The public interest to be considered under the FOIA is the public's interest in obtaining official information that sheds light on the agency's performance of its statutory duties. In the typical case in which one private citizen is seeking information about another, the requester does not intend to discover anything about the conduct of the agency that has possession of the records, and a response to the request would not shed any light on the conduct of the government agency or official. In such a case where no FOIA-type public interest exists, release of any private information about an individual would constitute a clearly unwarranted invasion of personal privacy. In evaluating the public interest apparent in release of the requested records, neither the identity of the requester nor the purpose for desiring the request is relevant. Privacy Interest A privacy interest may exist in personal information even though the information has been made available to the general public at some place and time. If personal information is not freely available from sources other than the federal government, the person to whom that information pertains has a privacy interest in its nondisclosure. Often, the very fact that the federal government expended funds to prepare, index, and maintain records containing personal information and the fact the requester invokes the FOIA to obtain the private information indicates that the information is not freely available. Most naval activities receive FOIA requests for mailing lists-names and home addresses or names and duty addresses. Requests for mailing lists of names and home addresses should be denied as a clearly unwarranted invasion of personal privacy. An FOIA request for a list of names and duty addresses of members attached to units that are stationed in foreign territories, routinely deployable, or sensitive must be denied as a clearly unwarranted invasion of personal privacy. Disclosure is a security threat to those members because it reveals information about their involvement in military actions, the type of naval unit, and their presence or absence from their households. Release aids the targeting of members and their families by terrorists and other persons opposed to the national policy. Lists of names and duty addresses, not covered by the previous policy, are not exempt. |
 
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