• The Freedom of Information and Privacy Act (FOIPA)
• How the FBI deals with FOIPA requests
• What circumstances the FBI can refuse to release certain information to you, and
• An explanation of how to send an appeal letter if your request is denied

But first, before we tackle how to request your files, there is a section on how the FBI organizes and maintains their files. There is also discussion on the types of information found in their filing system as well as the classification codes the FBI uses. The FBI has established a large presence on the World Wide Web, and they have posted some documents there for your reading pleasure -- including information on the UFO crash in Roswell, New Mexico over 50 years ago, as well as information on gangsters and America's Most Wanted. See if your mysterious neighbor is this years new Al Capone! The main FBI site promises to publish other documents in their electronic reading room in the future. We may assume that, perhaps, some day we will be able to access our own files electronically. Finally, in keeping with the current electronic nature of the Internet and gaining information off the 'Net, there is a listing of not only the FBI Field Offices which have homepages on the Web, but also a section on other FBI-related Web sites you may be interested in exploring.

In the central records system used by the FBI, records are classified by 210 numbers which designate the type of file and what it relates to.

• General Index is the alphabetical index of the main files.
• The Central Records Filing Systems are divided into 210 different numbers which indicate each of the FBI's investigative and administrative tasks.
• Main files usually contain documents that are collected during the course of an investigation. Subfiles are sections of the main files. They can be lettered or numbered, and usually contain information, newspaper clippings, physical surveillance information, wiretaps and other typical forms of recorded espionage.
• There are four types of file classifications: administrative, applicant, investigative and personnel
• Control files are those separate files which relate to a specific matter and is used as an administrative means of managing, or "controlling" a certain program or investigative matter. However, not every program or investigative matter gets a "control file." This is decided on a discretionary basis by those in charge. Apparently, the FBI is less than forthcoming about control files.

THREE SETS OF NUMBERS MAKE UP THE FBI FILE NUMBER
FOR EXAMPLE: 12-34567-890

• The first number is the classification number and tells what type of investigation the document relates to. 12
• The second number is known as the Individual Case Number and are in sequence as to the number of file opened in that particular office. 34567
• The third number is the document number, or serial number. This indicates in which order it was placed in the file. 890

At the FBI Headquarters, either a "0" or "00" is put before the first case appearing in a classification. "0" files include miscellaneous data or complaints for which there are no need to open a separate case file. "00" files contain procedures and policies that relate to classification. If there is a change pertaining to classification procedures, that document is put in the "00" file. But what do all those classification numbers mean? You will find the numbers, along with detailed descriptions, in the FBI's yearly "Privacy Act" notices in the Federal Register. Over the years, there are changes to titles or descriptions, but the categories' general essence usually remains intact. Below you'll find a comprehensive listing of classification numbers -- including older categories that are obsolete but have been used in older FBI files. For the sake of continuity and comprehension, the classification numbers have been kept in order and intact.

THE FREEDOM OF INFORMATION ACT: 5 U.S.C. Sec. 552, As Amended by Public Law No. 104-231, 110 Stat. 2422

Revisions have been made to the FOIA in March of 1997 and October of 1997. Below you will find key information about the FOIA, as well as The Privacy Act of 1974.

It is advisable to request information under both the FOIA and The Privacy Act of 1974. Also, you are also allowed to correct, change or omit information about you that is inaccurate, out of date, or not complete.

If the agency refuses to provide access to your information or disallows you to correct your record, The Privacy Act allows you to sue that agency. Be aware that if you choose to sue, you have six years to file under FOIA, but only two years to sue under the Privacy Act.

Currently, the Privacy Act is restricted to use by U.S. citizens and permanent resident aliens. Under the Freedom of Information Act, any person can obtain access to any records. You cannot be charged for searching costs, but a charge may apply for copying the material. Once you request information, agencies, such as the FBI, must decide within 20 working days whether they will comply with the request.

In the past, the decision was supposed to have been made within 10 days, however, this was recently changed. They must let the requester know if they've decided to fulfill the request or deny it. If they deny it, they must let the requester know, as they have a right to appeal the decision. If you receive a denial and you send an appeal letter, the FBI must respond to you within 20 working days to the appeal.

An agency may take an additional ten days to respond to the initial request or the appeal in "unusual circumstances." This usually means the agency has to obtain records from its field offices, or has to process a large volume of separate records. It could also mean that they have to consult with another agency or two or more of its components in order to satisfy your request.

The FOIA only includes federal government agencies, not state ones or private businesses. In addition, private individuals and organizations are not covered, either. There are also some federal elements that are exempt from the FOIA. Federal courts, Congress and those who assist or advise the President are not covered by the FOIA.

The FBI maintains that the FOIPA Section of the Office of Public and Congressional Affairs has about 400 staff members as of January 1998.

In 1975, after amendments to the Freedom of Information Act and the Privacy Act of 1974 took effect, the FBI then had to provide more access to their much-coveted files than had previously been given. Since then, requests have grown exponentially. In fact, the FBI estimates that in the last two decades, some six million pages of information has been released in response to nearly half a million requests.

Typically, once you have requested information from the FBI, your request is entered into their computer database and given a specific number. Acknowledgment of your request is made, and then, the agency searches for information pertinent to your request. Finally, if files are located by the agency, it is then determined if those files are the correct files. Because there are countless John Smith's, for instance, it must be determined that they have information for the correct John Smith.

For the FBI, standard procedure includes not only making a copy of the file, but an analyst also reviews the file. This analyst decides if any parts of information in the documents should be kept from the person making the request.

The law provides for exemptions, so by following the guidelines in the FOIPA, the FBI can withhold some information. If information is chosen for deletion, a marker is used to highlight that information. In addition, the analyst cites the specific exemption that applies, by writing the explanation in the margin. Once the document(s) are copied, the material the analyst has chosen to delete is blackened out on the copy the requester receives.

According to the FBI, the future will see electronic versions of these documents which they anticipate will take the place of the old way of "marking out" the material. At the main FBI Web site listed near the end of this report, you will find an electronic reading room where you can view some files that have been released for public viewing.