Records that are held by state and local government agencies, Congress and the court system are not made available to the public by FOIA. Before the enactment of the FOIA, the standard for accessing most government records was the “need to know” standard. After FOIA, the standard became the “right to know.” The act also determined the standards for which records must be made available to the public and which records can be withheld. For more information, read usinfo.state.gov/infousa/government/overview/docs/citizenpdf.

Privacy Act of 1974

The Privacy Act protects certain records with sensitive information belonging to and about individuals from unauthorized disclosure. The key word is unauthorized. Citizens may see their own records, and with certain permissible reasons, others can view this information as well. For instance, when you receive permission to run record searches through one of the large information database services, you receive permission to obtain sensitive information — but only if you possess a permissible reason for wanting the information, reasons detailed in prior chapters.

The FOIA and Privacy Act can be seen as two sides of the same coin. Together, they create a balance which must be maintained in a free society which also seeks to protect the privacy of its citizens. Read more about this act at www.usdoj.gov/oip/04_7_1.html.

Fair Credit Reporting Act (FCRA)

FCRA ensures that certain information regarding citizens is both accurate and protected. This protects employment applicants, causing certain information desired for pre-employment screening to be inaccessible to the general public. You must have permissible reasons for acquiring this information. You can find more information at www.ftc.gov/os/statutes/fcrajump.shtm.