DEFINITION OF RECORDS TO BE CONSIDERED AS PERTAINING TO INDIVIDUALS UNDER PRIVACY ACT REQUESTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP80M00165A003100020023-4
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 16, 2016
• Document Release Date: January 24, 2005
• Sequence Number: 23
• Publication Date: November 7, 1975
• Content Type: MF

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Approved For Release 2005/03/07 : CIA-RDP80M00165A3100020023-4
OGC 75-3838
7 November 1975
MEMORANDUM FOR: Freedom of Information and Privacy Acts Officers
SUBJECT : Definition of Records to be Considered as Pertaining
to Individuals Under Privacy Act Requests
1. Requests for all information should require consideration of that
information which evidences Central Intelligence Agency interest in requester.
2. Much information discovered during searches is not in fact informa-
tion about individuals as contemplated by the Privacy Act, but rather is an
incidental reference to the subject requester which is contained in a record
pertaining to another subject and should not be considered a document respon-
sive to the request.
3. The comprehensive Central Intelligence Agency cross-index systems
appear to account for these incidental references appearing during record
searches. However, it should be stressed that references turned up as a
result of such searches are not invariably to be considered information per-
taining to the individual.
4. Examples of incidental references not to be considered as informa-
tion coming under the purview of the Freedom of Information Act are as follows:
a. A report that A met B in front of a theatre playing a movie
starring actress C. The fact that C's name is cross-indexed
in a manner that makes it retrievable does not mean that
this bit of information "pertains" to that individual as
defined by the Privacy Act.
b. An index card which contains the name of an individual
but does not contain any substantive data other than file
references is not to be considered information "pertaining"
to an individual under the Privacy Act.
Approved For Release 2005/03/07 : CIA-RDP80M00165A003100020023-4
 Approved For Release 2005/03/07 : CIA-RDP80M00165AO03100020023-4
c. On the other hand a document which was retained in
order to record the membership of a certain group is
information pertaining to each individual listed.
5. No hard and fast rule can be established to guide these deter-
minations. Each case must be the subject of intelligent, judgmental
decisionmaking. Exercise of such judgment will, however, result in more
accurate and responsive answers to requests and will cut down substantially
on time spent in reviewing documents for release or sanitization.
25X1
Approved:
John F. Blake
Chairman
Information Review Committee
c
Date:
Approved For Release 2005/03/07: CIA-RDP80M00165Ar 00 100020023-4
 Approved For Release 2005/03/07 : CIA-RDP80M00165A*3100020023-4
SUBJECT: Definition of Records to be Considered as Pertaining to Individuals
Under Privacy Act Requests
Distribution:
1 - Assistant to the Director
Administrative Officer
- General Counsel
1 - Legislative Counsel
.i. - Inspector General
I - Chief, Management Staff
1 - Coordinator for Academic Relations
1 - Chief, Collection Guidance and Assessments Staff
1 - Director, Central Reference Service
1?- Director, Geographic and Cartographic Research
1 - Director of Economic Research
1 - Career Management Officer
1 - Chief, Information and Privacy Staff
1 - Director of Communications
1 - Director of Finance
1 - Director of Joint Computer Support
1 - Director of Logistics
1 - Director of Medical Services
1 - Director of Personnel
1 - Director of Security
1 - Director of Training
1 - Chief, Personnel Officer, DDS&T
1 - Director of Technical Service
1 - Chief, Services Staff
1 - FIO/DDI
1 - FIO/DDS&T
1 - FIO/DDO
1 - AI/DDA
AO/DCI sent copies to:
Comptroller
D/EEO
EO/ICS
EA/NIO
Exec. Sec.
Approved For Release 2005/03/07 : CIA-RDP80M00165AO03100020023-4