Thursday, February 15, 2018

Get Copies of Your Government Records


Do you know what records the government has about you? You are likely aware of the most common records, such as your birth certificate, driver’s license, passport, etc., but what other records are out there? Does your local police department have a file about you? Does the FBI? If you served in the military, do you know what’s in your Official Military Personnel File, and what’s in your Background Investigation Records?

The Privacy Act of 1974 (Pub.L. 93-579, 88 Stat. 1896, enacted December 31, 1974, 5 U.S.C. § 552a), a United States federal law, establishes a Code of Fair Information Practice that governs the collection, maintenance, use, and dissemination of personally identifiable information about individuals that is maintained in systems of records by federal agencies. The Act also provides individuals with a means by which to seek access to and amendment of their records and sets forth various agency record-keeping requirements. Additionally, with people granted the right to review what was documented with their name, they are also able to find out if the "records have been disclosed".. and are also given the rights to make corrections.

The Freedom of Information Act (FOIA) is a United States federal law that grants the public access to information possessed by government agencies. Upon written request, U.S. government agencies are required to release information unless it falls under one of nine exemptions listed in the Act. 

Most states also have similar public records laws, allowing you to access records from state and local governments, to review records about yourself and to make corrections to those records when necessary. The Open Government Guide can help you find the laws and procedures to obtain records from your state. 

To access records under the Privacy Act or the Freedom of Information Act you need to submit a request to the agency holding those records.  The following web-sites, by way of example, provide information on requesting information from the agencies listed:

Requesting FBI Records

BATF - How to Request ATF Records

Access to Official Military Personnel Files (OMPF) for the General Public

How Can I Get a Copy of Background Investigation Records NBIB May Have On Me?

US Department of State - How to Make a Request for Personal Records

View your U.S. arrival and departure history for the past 5 years on-line

Social Security Administration Guide to FOIA

There are numerous other government agencies, and you will have to determine which ones are likely to have information about you. Even if you have had no interaction with an agency, it is still possible that you are included in that agency's records as we saw in Social Media Surveillance of U.S. Persons by the Police and Military.

If you have never requested a copy of your government records, it is worth your time to submit requests to review and if necessary correct the information the government has about you. Submit requests to Federal agencies, your state agencies (such as your state police), and county agencies (such as your sheriff's office).

Like checking your credit report annually, I believe that it is also important to use FOIA and the Privacy Act (and the equivalent laws in your state) to determine what records government agencies hold about you. At a minimum check with your state and local police departments, and county sheriff's office to determine if any records have been created about you during the year.


 
 

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