10 CFR 1008.5 – Effect of the Freedom of Information Act (FOIA)
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(a) DOE shall not rely on any exemption contained in the Freedom of Information Act (5 U.S.C. § 552) to withhold from the individual to whom it pertains, any record which is otherwise accessible to such individual under this part.
Terms Used In 10 CFR 1008.5
- Freedom of Information Act: A federal law that mandates that all the records created and kept by federal agencies in the executive branch of government must be open for public inspection and copying. The only exceptions are those records that fall into one of nine exempted categories listed in the statute. Source: OCC
(b) DOE shall rely on subsection (b) of the Privacy Act to withhold information from a person other than the person to whom the record pertains only when the information is also exempt from disclosure under the FOIA.
(c) Where a request for access to records is submitted pursuant to both the FOIA and the Privacy Act, the DOE shall, to the maximum extent possible, process the request under the provisions of this part, including the time limits of this part.