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General, 200 Stovall Street, Alexandria, Virginia
22332-2400, and the requester so notified.
. Mishap investigation reportsRequests should
be sent to Commander, Naval Safety Center, Naval Air
Station, Norfolk, Virginia 23511-5796, and the re-
quester so notified.
Misdirected/misaddressed requests will be
promptly readdressed and sent to the cognizant or origi-
nating 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 negoti-
ate an informal extension of time with the requester that
is mutually agreeable.
Exemptions
A naval record maybe withheld from disclosure if
exempt. For additional guidance on exemptions, refer
to SECNAVINST 5720.42E.
Public Interest
The public interest to be considered under the FOIA
is the publics interest in obtaining official information
that sheds light on the agencys performance of its
statutory duties. In the typical case in which one private
citizen is seeking information about another, the re-
quester 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 per-
sonal 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 informa-
tion 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.
Mailing Lists
Most naval activities receive FOIA requests for
mailing listsnames and home addresses or names and
duty addresses. Requests for mailing lists of names and
home addresses should be denied as a clearly unwar-
ranted 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. Dis-
closure 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 target-
ing 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.
Nonjudicial Punishment Results
Information on nonjudicial punishment will not
normally be released under the FOIA. The privacy
interest of the member must be balanced against the
public interest of the information. Disclosure should be
made when the events leading to the nonjudicial pun-
ishment are particularly newsworthy or the case in-
volves a senior official abusing the public trust through
office-related misconduct such as embezzlement, fraud,
or misuse of government property.
PRIVACY ACT
The Privacy Act, 5 U.S.C. $ 552a, applies to docu-
ments and records in a system of records maintained by
an agency from which information is retrieved by the
persons name or other personal identifier such as a
social security number. The Privacy Act balances the
governments need to maintain information about
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