While overlapping in some instances, the FOIA and PA are not contradictory but complement
each other. In accordance with SSA policy, SSA generally applies whichever law grants
the requester greater access, regardless of which law is cited, or even if no law
is cited by the requester. Regulation No. 1 implements both the FOIA and PA to give
the public the broadest possible access to information.
The following chart compares specific parts of each law.
| PROVISION OF LAW |
FREEDOM OF INFORMATION ACT |
PRIVACY ACT |
| Purpose |
To open records of agencies to the public |
To grant individuals some control over what records are collected and how they are
used.
|
| Scope |
All records maintained by SSA, personal and non-personal |
Personal information maintained by SSA in a system of records and retrieved by a personal
identifier
|
| Who Can Make a Request |
The public (includes individuals and organizations, domestic or foreign; does not
include Federal agencies and Federal and State courts)
|
Any individual has access to his/her own records. Disclosure to government agencies
or private organizations is at SSA's discretion.
|
| |
|
Provisions for Disclosure
|
Agency may refuse to disclose if any one of 9 exemptions applies. However, withholding
is not required even if an exemption applies.
|
Disclosure to:
-
•
Subject individual is mandatory unless information is in a PA exempt system of records.
-
•
Parents of a minor child or legal guardian of an incompetent individual is also mandatory.
There are some exceptions, such as cases in which the parent or legal guardian is
not acting on the individual's behalf.
-
•
Third parties is permitted only if one of 12 exceptions to the PA applies (or with
the consent of the subject individual).
|
| Written or Oral Request |
Either. However, the requester does not have the right to appeal a denial of information
unless the request is in writing or telephoned directly to the FOI Officer.
|
Either. However, generally the request should be in writing to identify the requester
and document the purpose for the information. Requests from law enforcement agencies
must be in writing.
|
| Time Limit for Responding to Requests |
20 working days to respond to an initial request, regardless of whether disclosure
will be made. (10 additional working days under certain circumstances.)
|
No time limit for requests for access. There is, however, a limit of 10 working days
for responding to requests for amendment or correction of an individual's record.
|
| Maintaining a Record to Account for a Disclosure |
Required for annual report to Congress. There is also a records retention schedule
for FO requests.
|
Required unless the disclosure is within the agency, under the FOIA or with consent
of the individual.
|
| Fees |
Refer to fee schedule in 20 CFR Part 402 |
Refer to fee schedules 20 CFR Part 401 |