Archive for the ‘FREEDOM OF INFORMATION ACT’ Category

FEDERAL PUBLIC RECORDS

Monday, November 30th, 2009

When doing a people search, the federal government can be a great source of federal public records to help you put the pieces together, specifically, public records at the federal level (federal records). Of course, federal records are vast and not everything is convenient for you as a seeker of information. Our federal government is huge and the offices are everywhere, which means the public records you seek could be almost anywhere.
First, in order to access federal public records, you need to know what agency you want to request information from, in addition to the right department. Second, you have to follow procedures. For example, simply showing up in person at IRS headquarters hoping to find federal tax records on John Doe will not get you very far. And third, not every federal agency will release their information to you even when all the procedures have been followed and the fees have been paid.
From the federal public records, you can obtain all kinds of information on military records, federal criminal records, income tax filings, unpaid child support that is long overdue, pending federal legal cases and court decisions reached, passport information, and federal income tax filings, among other information. You cannot begin to imagine what federal records exist on everyone. The trick is to find the federal records that you seek.
Through the Freedom of Information Act (FOIA), enacted in 1966, which states that any person has the right to request access to all federal agency’s public records, you can access a great deal of information from the federal records to assist you with your people search. What you have to do is to file the public record’s request with the appropriate department in the agency that you are trying to request information; they all have their specific forms. It may take a little time, but in the end you will receive your information, if you meet the requirements in the specific request.
Here’s a summary of what the IRS has to say about the Freedom of Information Act:
All IRS records are subject to FOIA requests. However, FOIA does not require the IRS to release all documents that are subject to FOIA requests.
There are four basic elements to a FOIA request letter for federal records.
(1) the letter should state that the public record request is being made under the Freedom of Information Act.
(2) the request should identify the public records that are being sought as specifically as possible.
(3) the name and address of the requester must be included along with a copy of the requester’s driver’s license or a notarized statement swearing to or affirming their identity if the request involves the tax records of an individual or a business.
(4) the requester should make a firm commitment to pay any fees which may apply.
Under the FOIA, the IRS is required to determine within 20 days (excluding Saturdays, Sundays, and legal public holidays) after the date of receipt of a request for the specific federal records whether to comply with the request.
If a request is denied in whole or in part, the IRS must tell the requester the reasons for the denial.
REASONS ACCESS MAY BE DENIED UNDER THE FOIA
The exemptions protect against the disclosure of federal information that would harm the following:
(A) national security, (B) the privacy of individuals, (C) the proprietary interests of business, the functioning of the government, and other important recognized interests, (D) personal privacy –this exemption protects the privacy interests of individuals by allowing IRS to withhold personal data kept in its files where there is an expectation of privacy. Only individuals have privacy.
Your FOIA request may require proof of your identity and your authority to access the federal records, depending on the nature of the records you are requesting.
To protect your privacy the IRS will not, without proof of your identity, release to you, or anyone else, documents that should be available only to you.
If the federal public records that you are requesting are confidential and not available to the general public, YOU MUST submit proof of identity and proof of your authority to access the information.
To receive copies of documents federal records protected under the Privacy Act or Internal Revenue Code 6103 you must show proof of identity and demonstrate your right to access by:
Providing an official document showing proof of entitlement as the sole proprietor, member of partnership, corporate officer, shareholder, etc., if requesting the public records of a business.
For federal public records of a deceased individual you must provide a document showing proof of status as administrator, executor, or trustee of estate; if an heir at law, next of kin, or beneficiary under the will, proof of a material interest which will be affected by information contained in the requested documents and proof of the kinship, e.g., a copy of birth certificate or will.
So, as you can see, it is not so easy to access federal records. To find public records is one thing, but access is another matter.