# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Occupiers Liability | Sample Type: conversational
Difficulty: advanced | Document Type: educational

(o) “Derivative classification” means the incorporating, paraphrasing, restating, or generating in new form
information that is already classified, and marking the
newly developed material consistent with the classification
markings that apply to the source information. Derivative
classification includes the classification of information
based on classification guidance. The duplication or
reproduction of existing classified information is not
derivative classification.
(p) “Document” means any recorded information,
regardless of the nature of the medium or the method or
circumstances of recording.
(q) “Downgrading” means a determination by a
declassification authority that information classified and
safeguarded at a specified level shall be classified and
safeguarded at a lower level.
(r) “File series” means file units or documents arranged
according to a filing system or kept together because they
relate to a particular subject or function, result from the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

same activity, document a specific kind of transaction,
take a particular physical form, or have some other
relationship arising out of their creation, receipt, or use,
such as restrictions on access or use.
(s) “Foreign government information” means:
(1) information provided to the United States
Government by a foreign government or governments,
an international organization of governments, or
any element thereof, with the expectation that the
information, the source of the information, or both, are
to be held in confidence;
(2) information produced by the United States Gov -
ernment pursuant to or as a result of a joint arrangement
with a foreign government or governments, or an interna -
tional organization of governments, or any element there -
of, requiring that the information, the arrangement, or
both, are to be held in confidence; or
(3) information received and treated as “foreign govern -
ment information” under the terms of a predecessor order.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

(t) “Information” means any knowledge that can be
communicated or documentary material, regardless of
its physical form or characteristics, that is owned by, is
produced by or for, or is under the control of the United
States Government.
[Page 143]
134 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 135	(u) “Infraction” means any knowing, willful, or negligent
action contrary to the requirements of this order or
its implementing directives that does not constitute a
“violation,” as defined below.
(v) “Integral file block” means a distinct component
of a file series, as defined in this section, that should
be maintained as a separate unit in order to ensure the
integrity of the records. An integral file block may consist
of a set of records covering either a specific topic or a range
of time, such as a Presidential administration or a 5-year
retirement schedule within a specific file series that is retired
from active use as a group. For purposes of automatic


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

declassification, integral file blocks shall contain only
records dated within 10 years of the oldest record in the
file block.
(w) “Integrity” means the state that exists when
information is unchanged from its source and has not
been accidentally or intentionally modified, altered, or
destroyed.
(x) “Intelligence” includes foreign intelligence and
counterintelligence as defined by Executive Order 12333
of December 4, 1981, as amended, or by a successor
order.
(y) “Intelligence activities” means all activities that
elements of the Intelligence Community are authorized
to conduct pursuant to law or Executive Order 12333, as
amended, or a successor order.
(z) “Intelligence Community” means an element or
agency of the U.S. Government identified in or designated
pursuant to section 3(4) of the National Security Act of
1947, as amended, or section 3.5(h) of Executive Order
12333, as amended.
(aa) “Mandatory declassification review” means the review
for declassification of classified information in response to


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: client_interaction
Difficulty: intermediate | Document Type: educational

a request for declassification that meets the requirements
under section 3.5 of this order.
(bb) “Multiple sources” means two or more source
documents, classification guides, or a combination of
both.
(cc) “National security” means the national defense or
foreign relations of the United States.(dd) “Need-to-know” means a determination within the
executive branch in accordance with directives issued
pursuant to this order that a prospective recipient requires
access to specific classified information in order to
perform or assist in a lawful and authorized governmental
function.
(ee) “Network” means a system of two or more computers
that can exchange data or information.
(ff) “Original classification” means an initial determination
that information requires, in the interest of the national
security, protection against unauthorized disclosure.
(gg) “Original classification authority” means an
individual authorized in writing, either by the President,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

the Vice President, or by agency heads or other officials
designated by the President, to classify information in the
first instance.
(hh) “Records” means the records of an agency and
Presidential papers or Presidential records, as those terms
are defined in title 44, United States Code, including
those created or maintained by a government contractor,
licensee, certificate holder, or grantee that are subject to
the sponsoring agency’s control under the terms of the
contract, license, certificate, or grant.
(ii) “Records having permanent historical value” means
Presidential papers or Presidential records and the records
of an agency that the Archivist has determined should
be maintained permanently in accordance with title 44,
United States Code.
(jj) “Records management” means the planning,
controlling, directing, organizing, training, promoting,
and other managerial activities involved with respect
to records creation, records maintenance and use, and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

records disposition in order to achieve adequate and
proper documentation of the policies and transactions
of the Federal Government and effective and economical
management of agency operations.
(kk) “Safeguarding” means measures and controls that are
prescribed to protect classified information.
(ll) “Self-inspection” means the internal review and
evaluation of individual agency activities and the agency
as a whole with respect to the implementation of the
[Page 144]
BASIC LAWS and AUTHORITIES  | 135	program established under this order and its implementing
directives.
(mm) “Senior agency official” means the official designated
by the agency head under section 5.4(d) of this order to
direct and administer the agency’s program under which
information is classified, safeguarded, and declassified.
(nn) “Source document” means an existing document
that contains classified information that is incorporated,
paraphrased, restated, or generated in new form into a
new document.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

(oo) “Special access program” means a program
established for a specific class of classified information
that imposes safeguarding and access requirements that
exceed those normally required for information at the
same classification level.
(pp) “Systematic declassification review” means the review
for declassification of classified information contained in
records that have been determined by the Archivist to
have permanent historical value in accordance with title
44, United States Code.
(qq) “Telecommunications” means the preparation,
transmission, or communication of information by
electronic means.
(rr) “Unauthorized disclosure” means a communication
or physical transfer of classified information to an
unauthorized recipient.
(ss) “U.S. entity” includes:
(1) State, local, or tribal governments;
(2) State, local, and tribal law enforcement and fire -
fighting entities;
(3) public health and medical entities;
(4) regional, state, local, and tribal emergency manage -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

ment entities, including State Adjutants General and oth -
er appropriate public safety entities; or
(5) private sector entities serving as part of the nation’s
Critical Infrastructure/Key Resources.
(tt) “Violation” means:
(1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized dis -
closure of classified information;
(2) any knowing, willful, or negligent action to classify
or continue the classification of information contrary to
the requirements of this order or its implementing direc -
tives; or
(3) any knowing, willful, or negligent action to create
or continue a special access program contrary to the re -
quirements of this order.
(uu) “Weapons of mass destruction” means any weapon
of mass destruction as defined in 50 U.S.C. 1801(p).
Sec. 6.2.  General Provisions.  (a) Nothing in this order
shall supersede any requirement made by or under the
Atomic Energy Act of 1954, as amended, or the National


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

Security Act of 1947, as amended. “Restricted Data” and
“Formerly Restricted Data” shall be handled, protected,
classified, downgraded, and declassified in conformity
with the provisions of the Atomic Energy Act of 1954, as
amended, and regulations issued under that Act.
(b) The Director of National Intelligence may, with
respect to the Intelligence Community and after
consultation with the heads of affected departments and
agencies, issue such policy directives and guidelines as
the Director of National Intelligence deems necessary to
implement this order with respect to the classification and
declassification of all intelligence and intelligence-related
information, and for access to and dissemination of all
intelligence and intelligence-related information, both
in its final form and in the form when initially gathered.
Procedures or other guidance issued by Intelligence
Community element heads shall be in accordance with
such policy directives or guidelines issued by the Director


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Constitutional Law - Rights | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

of National Intelligence. Any such policy directives or
guidelines issued by the Director of National Intelligence
shall be in accordance with directives issued by the
Director of the Information Security Oversight Office
under section 5.1(a) of this order.
(c) The Attorney General, upon request by the head of
an agency or the Director of the Information Security
Oversight Office, shall render an interpretation of this
order with respect to any question arising in the course of
its administration.
[Page 145]
136 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 137	(d) Nothing in this order limits the protection afforded
any information by other provisions of law, including the
Constitution, Freedom of Information Act exemptions,
the Privacy Act of 1974, and the National Security Act of
1947, as amended. This order is not intended to and does
not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: statutory_interpretation
Difficulty: basic | Document Type: educational

departments, agencies, or entities, its officers, employees,
or agents, or any other person. The foregoing is in addition
to the specific provisos set forth in sections 1.1(b), 3.1(c)
and 5.3(e) of this order.
(e) Nothing in this order shall be construed to obligate
action or otherwise affect functions by the Director of the
Office of Management and Budget relating to budgetary,
administrative, or legislative proposals.(f) This order shall be implemented subject to the
availability of appropriations.
(g) Executive Order 12958 of April 17, 1995, and
amendments thereto, including Executive Order 13292
of March 25, 2003, are hereby revoked as of the effective
date of this order.
Sec. 6.3.  Effective Date.  This order is effective 180 days
from the date of this order, except for sections 1.7, 3.3,
and 3.7, which are effective immediately.
Sec. 6.4.  Publication.  The Archivist of the United States
shall publish this Executive Order in the Federal Register.
BARACK OBAMA
[Page 146]


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

BASIC LAWS and AUTHORITIES  | 137	THE FREEDOM OF INFORMATION ACT
5 U.S.C. § 552, As Amended
§552. PUBLIC INFORMATION; AGENCY
RULES, OPINIONS, ORDERS, RECORDS, AND
PROCEEDINGS
(a) Each agency shall make available to the public
information as follows:
(1) Each agency shall separately state and currently publish
in the Federal Register for the guidance of the public—
(A) descriptions of its central and field organization and
the established places at which, the employees (and in the
case of a uniformed service, the members) from whom,
and the methods whereby, the public may obtain infor -
mation, make submittals or requests, or obtain decisions;
(B) statements of the general course and method by
which its functions are channeled and determined, in -
cluding the nature and requirements of all formal and
informal procedures available;
(C) rules of procedure, descriptions of forms available
or the places at which forms may be obtained, and in -
structions as to the scope and contents of all papers, re -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: general_reasoning
Difficulty: advanced | Document Type: educational

ports, or examinations;
(D) substantive rules of general applicability adopted
as authorized by law, and statements of general policy or
interpretations of general applicability formulated and ad -
opted by the agency; and
(E) each amendment, revision, or repeal of the forego -
ing.
Except to the extent that a person has actual and timely
notice of the terms thereof, a person may not in any
manner be required to resort to, or be adversely affected by,
a matter required to be published in the Federal Register
and not so published. For the purpose of this paragraph,
matter reasonably available to the class of persons affected
thereby is deemed published in the Federal Register when
incorporated by reference therein with the approval of the
Director of the Federal Register.(2) Each agency, in accordance with published rules,
shall make available for public inspection and copying—
(A) final opinions, including concurring and dissent -
ing opinions, as well as orders, made in the adjudica -
tion of cases;


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: general_reasoning
Difficulty: advanced | Document Type: educational

(B) those statements of policy and interpretations
which have been adopted by the agency and are not
published in the Federal Register;
(C) administrative staff manuals and instructions to
staff that affect a member of the public;
(D) copies of all records, regardless of form or for -
mat, which have been released to any person under
paragraph (3) and which, because of the nature of their
subject matter, the agency determines have become or
are likely to become the subject of subsequent requests
for substantially the same records; and
(E) a general index of the records referred to under
subparagraph (D);
unless the materials are promptly published and copies
offered for sale. For records created on or after November
1, 1996, within one year after such date, each agency
shall make such records available, including by computer
telecommunications or, if computer telecommunications
means have not been established by the agency, by other
electronic means. To the extent required to prevent a


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

clearly unwarranted invasion of personal privacy, an
agency may delete identifying details when it makes
available or publishes an opinion, statement of policy,
interpretation, staff manual, instruction, or copies of
records referred to in subparagraph (D). However, in each
case the justification for the deletion shall be explained
fully in writing, and the extent of such deletion shall be
indicated on the portion of the record which is made
available or published, unless including that indication
would harm an interest protected by the exemption
in subsection (b) under which the deletion is made. If
technically feasible, the extent of the deletion shall be
indicated at the place in the record where the deletion was
[Page 147]
138 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 139	made. Each agency shall also maintain and make available
for public inspection and copying current indexes
providing identifying information for the public as to


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Breach of Contract | Sample Type: client_interaction
Difficulty: advanced | Document Type: educational

any matter issued, adopted, or promulgated after July 4,
1967, and required by this paragraph to be made available
or published. Each agency shall promptly publish,
quarterly or more frequently, and distribute (by sale or
otherwise) copies of each index or supplements thereto
unless it determines by order published in the Federal
Register that the publication would be unnecessary and
impracticable, in which case the agency shall nonetheless
provide copies of such index on request at a cost not to
exceed the direct cost of duplication. Each agency shall
make the index referred to in subparagraph (E) available
by computer telecommunications by December 31, 1999.
A final order, opinion, statement of policy, interpretation,
or staff manual or instruction that affects a member of the
public may be relied on, used, or cited as precedent by
an agency against a party other than an agency only if—
(i) it has been indexed and either made available or
published as provided by this paragraph; or


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

(ii) the party has actual and timely notice of the
terms thereof.
(3)(A) Except with respect to the records made available
under paragraphs (1) and (2) of this subsection, and ex -
cept as provided in subparagraph (E), each agency, upon
any request for records which (i) reasonably describes such
records and (ii) is made in accordance with published
rules stating the time, place, fees (if any), and procedures
to be followed, shall make the records promptly available
to any person.
(B) In making any record available to a person under
this paragraph, an agency shall provide the record in any
form or format requested by the person if the record is
readily reproducible by the agency in that form or format.
Each agency shall make reasonable efforts to maintain its
records in forms or formats that are reproducible for pur -
poses of this section.
(C) In responding under this paragraph to a request for
records, an agency shall make reasonable efforts to search


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: procedural_guide
Difficulty: intermediate | Document Type: educational

for the records in electronic form or format, except when
such efforts would significantly interfere with the opera -
tion of the agency’s automated information system.(D) For purposes of this paragraph, the term “search”
means to review, manually or by automated means, agen -
cy records for the purpose of locating those records which
are responsive to a request.
(E) An agency, or part of an agency, that is an element
of the intelligence community (as that term is defined
in section 3(4) of the National Security Act of 1947 (50
U.S.C. 401a(4))) 1 shall not make any record available
under this paragraph to—
(i) any government entity, other than a State, territo -
ry, commonwealth, or district of the United States, or
any subdivision thereof; or
(ii) a representative of a government entity described
in clause (i).
(4)(A)(i) In order to carry out the provisions of this sec -
tion, each agency shall promulgate regulations, pursuant
to notice and receipt of public comment, specifying the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: educational
Difficulty: advanced | Document Type: educational

schedule of fees applicable to the processing of requests
under this section and establishing procedures and guide -
lines for determining when such fees should be waived or
reduced. Such schedule shall conform to the guidelines
which shall be promulgated, pursuant to notice and re -
ceipt of public comment, by the Director of the Office of
Management and Budget and which shall provide for a
uniform schedule of fees for all agencies.
(ii) Such agency regulations shall provide that—
(I) fees shall be limited to reasonable standard
charges for document search, duplication, and re -
view, when records are requested for commercial use;
(II) fees shall be limited to reasonable standard
charges for document duplication when records are
not sought for commercial use and the request is
made by an educational or noncommercial scientific
institution, whose purpose is scholarly or scientific
research; or a representative of the news media; and
(III) for any request not described in (I) or (II),


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

fees shall be limited to reasonable standard charges
for document search and duplication.
In this clause, the term “a representative of the news media”
means any person or entity that gathers information
of potential interest to a segment of the public, uses its
[Page 148]
BASIC LAWS and AUTHORITIES  | 139	editorial skills to turn the raw materials into a distinct
work, and distributes that work to an audience. In this
clause, the term “news” means information that is about
current events or that would be of current interest to the
public. Examples of news-media entities are television
or radio stations broadcasting to the public at large and
publishers of periodicals (but only if such entities qualify
as disseminators of “news”) who make their products
available for purchase by or subscription by or free
distribution to the general public. These examples are not
all-inclusive. Moreover, as methods of news delivery evolve
(for example, the adoption of the electronic dissemination


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

of newspapers through telecommunications services), such
alternative media shall be considered to be news-media
entities. A freelance journalist shall be regarded as working
for a news-media entity if the journalist can demonstrate a
solid basis for expecting publication through that entity,
whether or not the journalist is actually employed by
the entity. A publication contract would present a solid
basis for such an expectation; the Government may also
consider the past publication record of the requester in
making such a determination.
(iii) Documents shall be furnished without any
charge or at a charge reduced below the fees established
under clause (ii) if disclosure of the information is in
the public interest because it is likely to contribute sig -
nificantly to public understanding of the operations or
activities of the government and is not primarily in the
commercial interest of the requester.
(iv) Fee schedules shall provide for the recovery of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Breach of Contract | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

only the direct costs of search, duplication, or review.
Review costs shall include only the direct costs incurred
during the initial examination of a document for the
purposes of determining whether the documents must
be disclosed under this section and for the purposes of
withholding any portions exempt from disclosure un -
der this section. Review costs may not include any costs
incurred in resolving issues of law or policy that may be
raised in the course of processing a request under this
section. No fee may be charged by any agency under
this section—
(I) if the costs of routine collection and processing
of the fee are likely to equal or exceed the amount of
the fee; or(II) for any request described in clause (ii) (II) or
(III) of this subparagraph for the first two hours of
search time or for the first one hundred pages of du -
plication.
(v) No agency may require advance payment of any
fee unless the requester has previously failed to pay fees


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: educational
Difficulty: intermediate | Document Type: educational

in a timely fashion, or the agency has determined that
the fee will exceed $250.
(vi) Nothing in this subparagraph shall supersede fees
chargeable under a statute specifically providing for set -
ting the level of fees for particular types of records.
(vii) In any action by a requester regarding the waiver
of fees under this section, the court shall determine the
matter de novo: Provided , That the court’s review of the
matter shall be limited to the record before the agency.
(viii) An agency shall not assess search fees (or in the
case of a requester described under clause (ii)(II), dupli -
cation fees) under this subparagraph if the agency fails
to comply with any time limit under paragraph (6),
if no unusual or exceptional circumstances (as those
terms are defined for purposes of paragraphs (6)(B) and
(C), respectively) apply to the processing of the request.
(B) On complaint, the district court of the United
States in the district in which the complainant resides, or


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: hypothetical
Difficulty: intermediate | Document Type: educational

has his principal place of business, or in which the agency
records are situated, or in the District of Columbia, has
jurisdiction to enjoin the agency from withholding agen -
cy records and to order the production of any agency re -
cords improperly withheld from the complainant. In such
a case the court shall determine the matter de novo, and
may examine the contents of such agency records in cam -
era to determine whether such records or any part thereof
shall be withheld under any of the exemptions set forth
in subsection (b) of this section, and the burden is on the
agency to sustain its action. In addition to any other mat -
ters to which a court accords substantial weight, a court
shall accord substantial weight to an affidavit of an agen -
cy concerning the agency’s determination as to technical
feasibility under paragraph (2)(C) and subsection (b) and
reproducibility under paragraph (3)(B).
(C) Notwithstanding any other provision of law, the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

defendant shall serve an answer or otherwise plead to any
complaint made under this subsection within thirty days
[Page 149]
140 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 141	after service upon the defendant of the pleading in which
such complaint is made, unless the court otherwise directs
for good cause shown.
[(D) Repealed. Pub. L. 98–620, title IV, §402(2), Nov.
8, 1984, 98 Stat. 3357 .]
(E)(i) The court may assess against the United States
reasonable attorney fees and other litigation costs reason -
ably incurred in any case under this section in which the
complainant has substantially prevailed.
(ii) For purposes of this subparagraph, a complainant
has substantially prevailed if the complainant has ob -
tained relief through either—
(I) a judicial order, or an enforceable written agree -
ment or consent decree; or
(II) a voluntary or unilateral change in position by
the agency, if the complainant’s claim is not insub -
stantial.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

(F)(i) Whenever the court orders the production of any
agency records improperly withheld from the complainant
and assesses against the United States reasonable attorney
fees and other litigation costs, and the court additionally
issues a written finding that the circumstances surround -
ing the withholding raise questions whether agency per -
sonnel acted arbitrarily or capriciously with respect to the
withholding, the Special Counsel shall promptly initiate
a proceeding to determine whether disciplinary action is
warranted against the officer or employee who was primar -
ily responsible for the withholding. The Special Counsel,
after investigation and consideration of the evidence sub -
mitted, shall submit his findings and recommendations to
the administrative authority of the agency concerned and
shall send copies of the findings and recommendations to
the officer or employee or his representative. The admin -
istrative authority shall take the corrective action that the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: educational
Difficulty: intermediate | Document Type: educational

Special Counsel recommends.
(ii) The Attorney General shall—
(I) notify the Special Counsel of each civil action
described under the first sentence of clause (i); and
(II) annually submit a report to Congress on the
number of such civil actions in the preceding year.(iii) The Special Counsel shall annually submit a re -
port to Congress on the actions taken by the Special
Counsel under clause (i).
(G) In the event of noncompliance with the order of
the court, the district court may punish for contempt the
responsible employee, and in the case of a uniformed ser -
vice, the responsible member.
(5) Each agency having more than one member shall
maintain and make available for public inspection a re -
cord of the final votes of each member in every agency
proceeding.
(6)(A) Each agency, upon any request for records
made under paragraph (1), (2), or (3) of this subsec -
tion, shall—
(i) determine within 20 days (excepting Satur -
days, Sundays, and legal public holidays) after the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: practical_application
Difficulty: intermediate | Document Type: educational

receipt of any such request whether to comply with
such request and shall immediately notify the person
making such request of such determination and the
reasons therefor, and of the right of such person to
appeal to the head of the agency any adverse deter -
mination; and
(ii) make a determination with respect to any ap -
peal within twenty days (excepting Saturdays, Sun -
days, and legal public holidays) after the receipt of
such appeal. If on appeal the denial of the request
for records is in whole or in part upheld, the agency
shall notify the person making such request of the
provisions for judicial review of that determination
under paragraph (4) of this subsection.
The 20-day period under clause (i) shall commence on
the date on which the request is first received by the
appropriate component of the agency, but in any event
not later than ten days after the request is first received
by any component of the agency that is designated in the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

agency’s regulations under this section to receive requests
under this section. The 20-day period shall not be tolled
by the agency except—
(I) that the agency may make one request to the re -
quester for information and toll the 20-day period while
it is awaiting such information that it has reasonably re -
quested from the requester under this section; or
[Page 150]
BASIC LAWS and AUTHORITIES  | 141	(II) if necessary to clarify with the requester issues
regarding fee assessment. In either case, the agency’s re -
ceipt of the requester’s response to the agency’s request
for information or clarification ends the tolling period.
(B)(i) In unusual circumstances as specified in this sub -
paragraph, the time limits prescribed in either clause (i) or
clause (ii) of subparagraph (A) may be extended by writ -
ten notice to the person making such request setting forth
the unusual circumstances for such extension and the date
on which a determination is expected to be dispatched.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

No such notice shall specify a date that would result in
an extension for more than ten working days, except as
provided in clause (ii) of this subparagraph.
(ii) With respect to a request for which a written no -
tice under clause (i) extends the time limits prescribed
under clause (i) of subparagraph (A), the agency shall
notify the person making the request if the request
cannot be processed within the time limit specified in
that clause and shall provide the person an opportu -
nity to limit the scope of the request so that it may
be processed within that time limit or an opportunity
to arrange with the agency an alternative time frame
for processing the request or a modified request. To aid
the requester, each agency shall make available its FOIA
Public Liaison, who shall assist in the resolution of any
disputes between the requester and the agency. Refusal
by the person to reasonably modify the request or ar -
range such an alternative time frame shall be considered


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: conversational
Difficulty: advanced | Document Type: educational

as a factor in determining whether exceptional circum -
stances exist for purposes of subparagraph (C).
(iii) As used in this subparagraph, “unusual cir -
cumstances” means, but only to the extent reasonably
necessary to the proper processing of the particular re -
quests—
(I) the need to search for and collect the request -
ed records from field facilities or other establishments
that are separate from the office processing the request;
(II) the need to search for, collect, and appropri -
ately examine a voluminous amount of separate and
distinct records which are demanded in a single re -
quest; or
(III) the need for consultation, which shall be con -
ducted with all practicable speed, with another agen -cy having a substantial interest in the determination
of the request or among two or more components of
the agency having substantial subject-matter interest
therein.
(iv) Each agency may promulgate regulations, pursu -
ant to notice and receipt of public comment, providing


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

for the aggregation of certain requests by the same re -
questor, or by a group of requestors acting in concert,
if the agency reasonably believes that such requests ac -
tually constitute a single request, which would other -
wise satisfy the unusual circumstances specified in this
subparagraph, and the requests involve clearly related
matters. Multiple requests involving unrelated matters
shall not be aggregated.
(C)(i) Any person making a request to any agency for
records under paragraph (1), (2), or (3) of this subsec -
tion shall be deemed to have exhausted his administrative
remedies with respect to such request if the agency fails to
comply with the applicable time limit provisions of this
paragraph. If the Government can show exceptional cir -
cumstances exist and that the agency is exercising due dil -
igence in responding to the request, the court may retain
jurisdiction and allow the agency additional time to com -
plete its review of the records. Upon any determination


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: procedural_guide
Difficulty: intermediate | Document Type: educational

by an agency to comply with a request for records, the
records shall be made promptly available to such person
making such request. Any notification of denial of any
request for records under this subsection shall set forth the
names and titles or positions of each person responsible
for the denial of such request.
(ii) For purposes of this subparagraph, the term “ex -
ceptional circumstances” does not include a delay that
results from a predictable agency workload of requests
under this section, unless the agency demonstrates rea -
sonable progress in reducing its backlog of pending re -
quests.
(iii) Refusal by a person to reasonably modify the
scope of a request or arrange an alternative time frame
for processing a request (or a modified request) under
clause (ii) after being given an opportunity to do so by
the agency to whom the person made the request shall
be considered as a factor in determining whether ex -
ceptional circumstances exist for purposes of this sub -
paragraph.
[Page 151]


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

142 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 143	(D)(i) Each agency may promulgate regulations, pur -
suant to notice and receipt of public comment, providing
for multitrack processing of requests for records based on
the amount of work or time (or both) involved in pro -
cessing requests.
(ii) Regulations under this subparagraph may pro -
vide a person making a request that does not qualify
for the fastest multitrack processing an opportunity to
limit the scope of the request in order to qualify for
faster processing.
(iii) This subparagraph shall not be considered to af -
fect the requirement under subparagraph (C) to exer -
cise due diligence.
(E)(i) Each agency shall promulgate regulations, pur -
suant to notice and receipt of public comment, providing
for expedited processing of requests for records—
(I) in cases in which the person requesting the re -
cords demonstrates a compelling need; and
(II) in other cases determined by the agency.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: procedural_guide
Difficulty: advanced | Document Type: educational

(ii) Notwithstanding clause (i), regulations under
this subparagraph must ensure—
(I) that a determination of whether to provide expe -
dited processing shall be made, and notice of the deter -
mination shall be provided to the person making the
request, within 10 days after the date of the request; and
(II) expeditious consideration of administrative
appeals of such determinations of whether to provide
expedited processing.
(iii) An agency shall process as soon as practicable
any request for records to which the agency has granted
expedited processing under this subparagraph. Agency
action to deny or affirm denial of a request for expe -
dited processing pursuant to this subparagraph, and
failure by an agency to respond in a timely manner to
such a request shall be subject to judicial review under
paragraph (4), except that the judicial review shall be
based on the record before the agency at the time of the
determination.
(iv) A district court of the United States shall not


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

have jurisdiction to review an agency denial of expedit -ed processing of a request for records after the agency
has provided a complete response to the request.
(v) For purposes of this subparagraph, the term
“compelling need” means—
(I) that a failure to obtain requested records on an
expedited basis under this paragraph could reason -
ably be expected to pose an imminent threat to the
life or physical safety of an individual; or
(II) with respect to a request made by a person pri -
marily engaged in disseminating information, urgen -
cy to inform the public concerning actual or alleged
Federal Government activity.
(vi) A demonstration of a compelling need by a per -
son making a request for expedited processing shall be
made by a statement certified by such person to be true
and correct to the best of such person’s knowledge and
belief.
(F) In denying a request for records, in whole or in part,
an agency shall make a reasonable effort to estimate the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

volume of any requested matter the provision of which is
denied, and shall provide any such estimate to the person
making the request, unless providing such estimate would
harm an interest protected by the exemption in subsec -
tion (b) pursuant to which the denial is made.
(7) Each agency shall—
(A) establish a system to assign an individualized
tracking number for each request received that will take
longer than ten days to process and provide to each per -
son making a request the tracking number assigned to
the request; and
(B) establish a telephone line or Internet service that
provides information about the status of a request to
the person making the request using the assigned track -
ing number, including—
(i) the date on which the agency originally received
the request; and
(ii) an estimated date on which the agency will
complete action on the request.
(b) This section does not apply to matters that are—
[Page 152]


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: legal_news_analysis
Difficulty: advanced | Document Type: educational

BASIC LAWS and AUTHORITIES  | 143	(1)(A) specifically authorized under criteria established
by an Executive order to be kept secret in the interest of
national defense or foreign policy and (B) are in fact prop -
erly classified pursuant to such Executive order;
(2) related solely to the internal personnel rules and
practices of an agency;
(3) specifically exempted from disclosure by statute
(other than section 552b of this title), if that statute—
(A)(i) requires that the matters be withheld from the
public in such a manner as to leave no discretion on
the issue; or
(ii) establishes particular criteria for withholding or
refers to particular types of matters to be withheld; and
(B) if enacted after the date of enactment of the
OPEN FOIA Act of 2009, specifically cites to this
paragraph.
(4) trade secrets and commercial or financial informa -
tion obtained from a person and privileged or confiden -
tial;
(5) inter-agency or intra-agency memorandums or let -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

ters which would not be available by law to a party other
than an agency in litigation with the agency;
(6) personnel and medical files and similar files the dis -
closure of which would constitute a clearly unwarranted
invasion of personal privacy;
(7) records or information compiled for law enforce -
ment purposes, but only to the extent that the production
of such law enforcement records or information (A) could
reasonably be expected to interfere with enforcement
proceedings, (B) would deprive a person of a right to a
fair trial or an impartial adjudication, (C) could reason -
ably be expected to constitute an unwarranted invasion
of personal privacy, (D) could reasonably be expected to
disclose the identity of a confidential source, including a
State, local, or foreign agency or authority or any private
institution which furnished information on a confidential
basis, and, in the case of a record or information com -
piled by criminal law enforcement authority in the course


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

of a criminal investigation or by an agency conducting a
lawful national security intelligence investigation, infor -
mation furnished by a confidential source, (E) would dis -close techniques and procedures for law enforcement in -
vestigations or prosecutions, or would disclose guidelines
for law enforcement investigations or prosecutions if such
disclosure could reasonably be expected to risk circum -
vention of the law, or (F) could reasonably be expected
to endanger the life or physical safety of any individual;
(8) contained in or related to examination, operat -
ing, or condition reports prepared by, on behalf of, or
for the use of an agency responsible for the regulation
or supervision of financial institutions; or
(9) geological and geophysical information and data,
including maps, concerning wells.
Any reasonably segregable portion of a record shall be
provided to any person requesting such record after
deletion of the portions which are exempt under this


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: case_analysis
Difficulty: advanced | Document Type: educational

subsection. The amount of information deleted, and
the exemption under which the deletion is made, shall
be indicated on the released portion of the record,
unless including that indication would harm an interest
protected by the exemption in this subsection under
which the deletion is made. If technically feasible, the
amount of the information deleted, and the exemption
under which the deletion is made, shall be indicated at the
place in the record where such deletion is made.
(c)(1) Whenever a request is made which involves access
to records described in subsection (b)(7)(A) and—
(A) the investigation or proceeding involves a possi -
ble violation of criminal law; and
(B) there is reason to believe that (i) the subject of
the investigation or proceeding is not aware of its pen -
dency, and (ii) disclosure of the existence of the records
could reasonably be expected to interfere with enforce -
ment proceedings, the agency may, during only such
time as that circumstance continues, treat the records as


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Defenses | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

not subject to the requirements of this section.
(2) Whenever informant records maintained by a crim -
inal law enforcement agency under an informant’s name
or personal identifier are requested by a third party ac -
cording to the informant’s name or personal identifier, the
agency may treat the records as not subject to the require -
ments of this section unless the informant’s status as an
informant has been officially confirmed.
[Page 153]
144 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 145	(3) Whenever a request is made which involves access
to records maintained by the Federal Bureau of Investiga -
tion pertaining to foreign intelligence or counterintelli -
gence, or international terrorism, and the existence of the
records is classified information as provided in subsection
(b)(1), the Bureau may, as long as the existence of the
records remains classified information, treat the records as
not subject to the requirements of this section.


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

(d) This section does not authorize withholding of
information or limit the availability of records to the public,
except as specifically stated in this section. This section is
not authority to withhold information from Congress.
(e)(1) On or before February 1 of each year, each agency
shall submit to the Attorney General of the United States
a report which shall cover the preceding fiscal year and
which shall include—
(A) the number of determinations made by the agen -
cy not to comply with requests for records made to such
agency under subsection (a) and the reasons for each such
determination;
(B)(i) the number of appeals made by persons under
subsection (a)(6), the result of such appeals, and the rea -
son for the action upon each appeal that results in a denial
of information; and
(ii) a complete list of all statutes that the agency relies
upon to authorize the agency to withhold information
under subsection (b)(3), the number of occasions on
which each statute was relied upon, a description of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

whether a court has upheld the decision of the agency
to withhold information under each such statute, and
a concise description of the scope of any information
withheld;
(C) the number of requests for records pending before
the agency as of September 30 of the preceding year, and
the median and average number of days that such requests
had been pending before the agency as of that date;
(D) the number of requests for records received by the agen -
cy and the number of requests which the agency processed;
(E) the median number of days taken by the agency to
process different types of requests, based on the date on
which the requests were received by the agency;(F) the average number of days for the agency to re -
spond to a request beginning on the date on which the
request was received by the agency, the median number
of days for the agency to respond to such requests, and
the range in number of days for the agency to respond to
such requests;
(G) based on the number of business days that have


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

elapsed since each request was originally received by the
agency—
(i) the number of requests for records to which the
agency has responded with a determination within a
period up to and including 20 days, and in 20-day in -
crements up to and including 200 days;
(ii) the number of requests for records to which the
agency has responded with a determination within a
period greater than 200 days and less than 301 days;
(iii) the number of requests for records to which the
agency has responded with a determination within a pe -
riod greater than 300 days and less than 401 days; and
(iv) the number of requests for records to which the
agency has responded with a determination within a
period greater than 400 days;
(H) the average number of days for the agency to pro -
vide the granted information beginning on the date on
which the request was originally filed, the median number
of days for the agency to provide the granted information,
and the range in number of days for the agency to provide


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: pure_conceptual
Difficulty: intermediate | Document Type: educational

the granted information;
(I) the median and average number of days for the
agency to respond to administrative appeals based on the
date on which the appeals originally were received by the
agency, the highest number of business days taken by the
agency to respond to an administrative appeal, and the
lowest number of business days taken by the agency to
respond to an administrative appeal;
(J) data on the 10 active requests with the earliest fil -
ing dates pending at each agency, including the amount
of time that has elapsed since each request was originally
received by the agency;
(K) data on the 10 active administrative appeals with
the earliest filing dates pending before the agency as of
[Page 154]
BASIC LAWS and AUTHORITIES  | 145	September 30 of the preceding year, including the num -
ber of business days that have elapsed since the requests
were originally received by the agency;
(L) the number of expedited review requests that are
granted and denied, the average and median number of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Breach of Contract | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

days for adjudicating expedited review requests, and the
number adjudicated within the required 10 days;
(M) the number of fee waiver requests that are granted
and denied, and the average and median number of days
for adjudicating fee waiver determinations;
(N) the total amount of fees collected by the agency for
processing requests; and
(O) the number of full-time staff of the agency devoted
to processing requests for records under this section, and
the total amount expended by the agency for processing
such requests.
(2) Information in each report submitted under para -
graph (1) shall be expressed in terms of each principal
component of the agency and for the agency overall.
(3) Each agency shall make each such report available
to the public including by computer telecommunica -
tions, or if computer telecommunications means have
not been established by the agency, by other electronic
means. In addition, each agency shall make the raw sta -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Company Law - Directors Duties | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

tistical data used in its reports available electronically to
the public upon request.
(4) The Attorney General of the United States shall
make each report which has been made available by
electronic means available at a single electronic access
point. The Attorney General of the United States shall
notify the Chairman and ranking minority member
of the Committee on Government Reform and Over -
sight of the House of Representatives and the Chair -
man and ranking minority member of the Commit -
tees on Governmental Affairs and the Judiciary of the
Senate, no later than April 1 of the year in which each
such report is issued, that such reports are available by
electronic means.
(5) The Attorney General of the United States, in
consultation with the Director of the Office of Manage -
ment and Budget, shall develop reporting and perfor -mance guidelines in connection with reports required
by this subsection by October 1, 1997, and may es -
tablish additional requirements for such reports as the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: conversational
Difficulty: advanced | Document Type: educational

Attorney General determines may be useful.
(6) The Attorney General of the United States shall
submit an annual report on or before April 1 of each
calendar year which shall include for the prior calendar
year a listing of the number of cases arising under this
section, the exemption involved in each case, the dispo -
sition of such case, and the cost, fees, and penalties as -
sessed under subparagraphs (E), (F), and (G) of subsec -
tion (a)(4). Such report shall also include a description
of the efforts undertaken by the Department of Justice
to encourage agency compliance with this section.
(f) For purposes of this section, the term—
(1) “agency” as defined in section 551(1) of this title
includes any executive department, military department,
Government corporation, Government controlled
corporation, or other establishment in the executive branch
of the Government (including the Executive Office of the
President), or any independent regulatory agency; and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

(2) “record” and any other term used in this section in
reference to information includes—
(A) any information that would be an agency record
subject to the requirements of this section when main -
tained by an agency in any format, including an elec -
tronic format; and
(B) any information described under subparagraph
(A) that is maintained for an agency by an entity un -
der Government contract, for the purposes of records
management.
(g) The head of each agency shall prepare and make
publicly available upon request, reference material or
a guide for requesting records or information from the
agency, subject to the exemptions in subsection (b),
including—
(1) an index of all major information systems of the
agency;
(2) a description of major information and record lo -
cator systems maintained by the agency; and
[Page 155]
146 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 147	(3) a handbook for obtaining various types and cate -
gories of public information from the agency pursuant


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

to chapter 35 of title 44, and under this section.
(h)(1) There is established the Office of Government
Information Services within the National Archives and
Records Administration.
(2) The Office of Government Information Services
shall—
(A) review policies and procedures of administra -
tive agencies under this section;
(B) review compliance with this section by admin -
istrative agencies; and
(C) recommend policy changes to Congress and
the President to improve the administration of this
section.
(3) The Office of Government Information Services
shall offer mediation services to resolve disputes be -
tween persons making requests under this section and
administrative agencies as a non-exclusive alternative
to litigation and, at the discretion of the Office, may
issue advisory opinions if mediation has not resolved
the dispute.
(i) The Government Accountability Office shall conduct
audits of administrative agencies on the implementation
of this section and issue reports detailing the results of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Formation | Sample Type: legal_news_analysis
Difficulty: intermediate | Document Type: educational

such audits.
(j) Each agency shall designate a Chief FOIA Officer who
shall be a senior official of such agency (at the Assistant
Secretary or equivalent level).
(k) The Chief FOIA Officer of each agency shall, subject
to the authority of the head of the agency—(1) have agency-wide responsibility for efficient and ap -
propriate compliance with this section;
(2) monitor implementation of this section throughout
the agency and keep the head of the agency, the chief legal
officer of the agency, and the Attorney General appropri -
ately informed of the agency’s performance in implement -
ing this section;
(3) recommend to the head of the agency such adjust -
ments to agency practices, policies, personnel, and fund -
ing as may be necessary to improve its implementation of
this section;
(4) review and report to the Attorney General, through
the head of the agency, at such times and in such formats
as the Attorney General may direct, on the agency’s per -
formance in implementing this section;


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: educational
Difficulty: advanced | Document Type: educational

(5) facilitate public understanding of the purposes of
the statutory exemptions of this section by including con -
cise descriptions of the exemptions in both the agency’s
handbook issued under subsection (g), and the agency’s
annual report on this section, and by providing an over -
view, where appropriate, of certain general categories of
agency records to which those exemptions apply; and
(6) designate one or more FOIA Public Liaisons.
(l) FOIA Public Liaisons shall report to the agency Chief
FOIA Officer and shall serve as supervisory officials to
whom a requester under this section can raise concerns
about the service the requester has received from the FOIA
Requester Center, following an initial response from the
FOIA Requester Center Staff. FOIA Public Liaisons shall
be responsible for assisting in reducing delays, increasing
transparency and understanding of the status of requests,
and assisting in the resolution of disputes.
[Page 156]
BASIC LAWS and AUTHORITIES  | 147	THE PRIVACY ACT OF 1974


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

5 U.S.C. § 552a, As Amended
§ 552A. RECORDS MAINTAINED ON
INDIVIDUALS
(a) Definitions
For purposes of this section—
(1) the term “agency” means agency as defined in sec -
tion 552(f) of this title;
(2) the term “individual” means a citizen of the United
States or an alien lawfully admitted for permanent resi -
dence;
(3) the term “maintain” includes maintain, collect, use
or disseminate;
(4) the term “record” means any item, collection, or
grouping of information about an individual that is main -
tained by an agency, including, but not limited to, his ed -
ucation, financial transactions, medical history, and crim -
inal or employment history and that contains his name,
or the identifying number, symbol, or other identifying
particular assigned to the individual, such as a finger or
voice print or a photograph;
(5) the term “system of records” means a group of any
records under the control of any agency from which in -
formation is retrieved by the name of the individual or


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

by some identifying number, symbol, or other identifying
particular assigned to the individual;
(6) the term “statistical record” means a record in a sys -
tem of records maintained for statistical research or re -
porting purposes only and not used in whole or in part in
making any determination about an identifiable individ -
ual, except as provided by section 8 of Title 13;
(7) the term “routine use” means, with respect to the dis -
closure of a record, the use of such record for a purpose which
is compatible with the purpose for which it was collected;(8) the term “matching program”—
(A) means any computerized comparison of—
(i) two or more automated systems of records or
a system of records with non-Federal records for
the purpose of—
(I) establishing or verifying the eligibility of,
or continuing compliance with statutory and
regulatory requirements by, applicants for,
recipients or beneficiaries of, participants in,
or providers of services with respect to, cash or


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: pure_conceptual
Difficulty: advanced | Document Type: educational

in-kind assistance or payments under Federal
benefit programs, or
(II) recouping payments or delinquent debts
under such Federal benefit programs, or
(ii) two or more automated Federal personnel
or payroll systems of records or a system of Fed -
eral personnel or payroll records with non-Federal
records,
(B) but does not include—
(i) matches performed to produce aggregate sta -
tistical data without any personal identifiers;
(ii) matches performed to support any research
or statistical project, the specific data of which
may not be used to make decisions concerning the
rights, benefits, or privileges of specific individuals;
(iii) matches performed, by an agency (or com -
ponent thereof) which performs as its principal
function any activity pertaining to the enforcement
of criminal laws, subsequent to the initiation of a
specific criminal or civil law enforcement investiga -
tion of a named person or persons for the purpose of
gathering evidence against such person or persons;
[Page 157]


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

148 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 149	(iv) matches of tax information (I) pursuant to
section 6103(d) of the Internal Revenue Code of
1986, (II) for purposes of tax administration as
defined in section 6103(b)(4) of such Code, (III)
for the purpose of intercepting a tax refund due
an individual under authority granted by section
404(e), 464, or 1137 of the Social Security Act; or
(IV) for the purpose of intercepting a tax refund
due an individual under any other tax refund in -
tercept program authorized by statute which has
been determined by the Director of the Office of
Management and Budget to contain verification,
notice, and hearing requirements that are substan -
tially similar to the procedures in section 1137 of
the Social Security Act;
(v) matches—
(I) using records predominantly relating to
Federal personnel, that are performed for
routine administrative purposes (subject to
guidance provided by the Director of the
Office of Management and Budget pursuant to


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

subsection (v)); or
(II) conducted by an agency using only records
from systems of records maintained by that
agency; if the purpose of the match is not to take
any adverse financial, personnel, disciplinary, or
other adverse action against Federal personnel; or
(vi) matches performed for foreign counterintel -
ligence purposes or to produce background checks
for security clearances of Federal personnel or Fed -
eral contractor personnel; or
(vii) matches performed incident to a levy de -
scribed in section 6103(k)(8) of the Internal Reve -
nue Code of 1986;
(9) the term “recipient agency” means any agency, or
contractor thereof, receiving records contained in a sys -
tem of records from a source agency for use in a matching
program;
(10) the term “non-Federal agency” means any State or local government, or agency thereof, which receives
records contained in a system of records from a source
agency for use in a matching program;
(11) the term “source agency” means any agency which


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: case_analysis
Difficulty: advanced | Document Type: educational

discloses records contained in a system of records to be
used in a matching program, or any State or local gov -
ernment, or agency thereof, which discloses records to be
used in a matching program;
(12) the term “Federal benefit program” means any
program administered or funded by the Federal Govern -
ment, or by any agent or State on behalf of the Federal
Government, providing cash or in-kind assistance in the
form of payments, grants, loans, or loan guarantees to in -
dividuals; and
(13) the term “Federal personnel” means officers and
employees of the Government of the United States,
members of the uniformed services (including members
of the Reserve Components), individuals entitled to re -
ceive immediate or deferred retirement benefits under
any retirement program of the Government of the United
States (including survivor benefits).
(b) Conditions of disclosure:  No agency shall disclose any
record which is contained in a system of records by any
means of communication to any person, or to another


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

agency, except pursuant to a written request by, or with
the prior written consent of, the individual to whom the
record pertains, unless disclosure of the record would
be—
(1) to those officers and employees of the agency which
maintains the record who have a need for the record in the
performance of their duties;
(2) required under section 552 of this title;
(3) for a routine use as defined in subsection (a)(7) of
this section and described under subsection (e)(4)(D) of
this section;
(4) to the Bureau of the Census for purposes of plan -
ning or carrying out a census or survey or related activity
pursuant to the provisions of Title 13;
[Page 158]
BASIC LAWS and AUTHORITIES  | 149	(5) to a recipient who has provided the agency with
advance adequate written assurance that the record will
be used solely as a statistical research or reporting record,
and the record is to be transferred in a form that is not
individually identifiable;
(6) to the National Archives and Records Administra -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

tion as a record which has sufficient historical or other
value to warrant its continued preservation by the United
States Government, or for evaluation by the Archivist of
the United States or the designee of the Archivist to deter -
mine whether the record has such value;
(7) to another agency or to an instrumentality of any
governmental jurisdiction within or under the control of
the United States for a civil or criminal law enforcement
activity if the activity is authorized by law, and if the head
of the agency or instrumentality has made a written re -
quest to the agency which maintains the record specifying
the particular portion desired and the law enforcement
activity for which the record is sought;
(8) to a person pursuant to a showing of compelling cir -
cumstances affecting the health or safety of an individual
if upon such disclosure notification is transmitted to the
last known address of such individual;
(9) to either House of Congress, or, to the extent of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: comparative_analysis
Difficulty: intermediate | Document Type: educational

matter within its jurisdiction, any committee or subcom -
mittee hereof, any joint committee of Congress or sub -
committee of any such joint committee;
(10) to the Comptroller General, or any of his autho -
rized representatives, in the course of the performance of
the duties of the General Accounting Office;
(11) pursuant to the order of a court of competent ju -
risdiction; or
(12) to a consumer reporting agency in accordance
with section 3711(e) of Title 31.
(c) Accounting of Certain Disclosures. Each agency, with
respect to each system of records under its control, shall—
(1) except for disclosures made under subsections  (b)(1) or (b)(2) of this section, keep an accurate account -
ing of—
(A) the date, nature, and purpose of each disclosure
of a record to any person or to another agency made
under subsection (b) of this section; and
(B) the name and address of the person or agency to
whom the disclosure is made;
(2) retain the accounting made under paragraph (1) of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Product Liability | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

this subsection for at least five years or the life of the re -
cord, whichever is longer, after the disclosure for which
the accounting is made;
(3) except for disclosures made under subsection (b)(7)
of this section, make the accounting made under para -
graph (1) of this subsection available to the individual
named in the record at his request; and
(4) inform any person or other agency about any cor -
rection or notation of dispute made by the agency in ac -
cordance with subsection (d) of this section of any record
that has been disclosed to the person or agency if an ac -
counting of the disclosure was made.
(d) Access to records. Each agency that maintains a system
of records shall—
(1) upon request by any individual to gain access to
his record or to any information pertaining to him which
is contained in the system, permit him and upon his re -
quest, a person of his own choosing to accompany him,
to review the record and have a copy made of all or any


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: legal_dialogue
Difficulty: intermediate | Document Type: educational

portion thereof in a form comprehensible to him, except
that the agency may require the individual to furnish a
written statement authorizing discussion of that individu -
al’s record in the accompanying person’s presence;
(2) permit the individual to request amendment of a
record pertaining to him and—
(A) not later than 10 days (excluding Saturdays, Sun -
days, and legal public holidays) after the date of receipt
of such request, acknowledge in writing such receipt;
and
[Page 159]
150 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 151	(B) promptly, either—
(i) make any correction of any portion thereof
which the individual believes is not accurate, rele -
vant, timely, or complete; or
(ii) inform the individual of its refusal to amend
the record in accordance with his request, the rea -
son for the refusal, the procedures established by
the agency for the individual to request a review
of that refusal by the head of the agency or an of -
ficer designated by the head of the agency, and the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: legal_dialogue
Difficulty: advanced | Document Type: educational

name and business address of that official;
(3) permit the individual who disagrees with the refusal
of the agency to amend his record to request a review of
such refusal, and not later than 30 days (excluding Satur -
days, Sundays, and legal public holidays) from the date
on which the individual requests such review, complete
such review and make a final determination unless, for
good cause shown, the head of the agency extends such
30-day period; and if, after his review, the reviewing offi -
cial also refuses to amend the record in accordance with
the request, permit the individual to file with the agen -
cy a concise statement setting forth the reasons for his
disagreement with the refusal of the agency, and notify
the individual of the provisions for judicial review of the
reviewing official’s determination under subsection (g)(1)
(A) of this section;
(4) in any disclosure, containing information about
which the individual has filed a statement of disagreement,


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: conversational
Difficulty: intermediate | Document Type: educational

occurring after the filing of the statement under paragraph
(3) of this subsection, clearly note any portion of the re -
cord which is disputed and provide copies of the statement
and, if the agency deems it appropriate, copies of a con -
cise statement of the reasons of the agency for not making
the amendments requested, to persons or other agencies to
whom the disputed record has been disclosed; and
(5) nothing in this section shall allow an individual ac -
cess to any information compiled in reasonable anticipa -
tion of a civil action or proceeding.
(e) Agency requirements. Each agency that maintains a
system of records shall—(1) maintain in its records only such information
about an individual as is relevant and necessary to ac -
complish a purpose of the agency required to be ac -
complished by statute or by Executive order of the
President;
(2) collect information to the greatest extent practi -
cable directly from the subject individual when the in -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: statutory_interpretation
Difficulty: advanced | Document Type: educational

formation may result in adverse determinations about
an individual’s rights, benefits, and privileges under
Federal programs;
(3) inform each individual whom it asks to supply
information, on the form which it uses to collect the
information or on a separate form that can be retained
by the individual—
(A) the authority (whether granted by statute,
or by Executive order of the President) which au -
thorizes the solicitation of the information and
whether disclosure of such information is manda -
tory or voluntary;
(B) the principal purpose or purposes for which
the information is intended to be used;
(C) the routine uses which may be made of the
information, as published pursuant to paragraph
(4)(D) of this subsection; and
(D) the effects on him, if any, of not providing
all or any part of the requested information;
(4) subject to the provisions of paragraph (11) of this
subsection, publish in the Federal Register upon establish -
ment or revision a notice of the existence and character of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Real Property | Sample Type: legal_news_analysis
Difficulty: intermediate | Document Type: educational

the system of records, which notice shall include—
(A) the name and location of the system;
(B) the categories of individuals on whom records are
maintained in the system;
(C) the categories of records maintained in the
system;
[Page 160]
BASIC LAWS and AUTHORITIES  | 151	(D) each routine use of the records contained in the
system, including the categories of users and the pur -
pose of such use;
(E) the policies and practices of the agency regarding
storage, retrievability, access controls, retention, and
disposal of the records;
(F) the title and business address of the agency offi -
cial who is responsible for the system of records;
(G) the agency procedures whereby an individual can
be notified at his request if the system of records con -
tains a record pertaining to him;
(H) the agency procedures whereby an individual can
be notified at his request how he can gain access to any
record pertaining to him contained in the system of re -
cords, and how he can contest its content; and


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Constitutional Law - Rights | Sample Type: case_analysis
Difficulty: advanced | Document Type: educational

(I) the categories of sources of records in the system;
(5) maintain all records which are used by the agency
in making any determination about any individual with
such accuracy, relevance, timeliness, and completeness as
is reasonably necessary to assure fairness to the individual
in the determination;
(6) prior to disseminating any record about an indi -
vidual to any person other than an agency, unless the
dissemination is made pursuant to subsection (b)(2) of
this section, make reasonable efforts to assure that such
records are accurate, complete, timely, and relevant for
agency purposes;
(7) maintain no record describing how any individual
exercises rights guaranteed by the First Amendment un -
less expressly authorized by statute or by the individual
about whom the record is maintained or unless pertinent
to and within the scope of an authorized law enforcement
activity;
(8) make reasonable efforts to serve notice on an indi -
vidual when any record on such individual is made avail -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

able to any person under compulsory legal process when
such process becomes a matter of public record;(9) establish rules of conduct for persons involved in
the design, development, operation, or maintenance of
any system of records, or in maintaining any record, and
instruct each such person with respect to such rules and
the requirements of this section, including any other rules
and procedures adopted pursuant to this section and the
penalties for noncompliance;
(10) establish appropriate administrative, technical and
physical safeguards to insure the security and confiden -
tiality of records and to protect against any anticipated
threats or hazards to their security or integrity which
could result in substantial harm, embarrassment, incon -
venience, or unfairness to any individual on whom infor -
mation is maintained;
(11) at least 30 days prior to publication of information
under paragraph (4)(D) of this subsection, publish in the
Federal Register notice of any new use or intended use of


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: hypothetical
Difficulty: advanced | Document Type: educational

the information in the system, and provide an opportuni -
ty for interested persons to submit written data, views, or
arguments to the agency; and
(12) if such agency is a recipient agency or a source
agency in a matching program with a non-Federal agency,
with respect to any establishment or revision of a match -
ing program, at least 30 days prior to conducting such
program, publish in the Federal Register notice of such
establishment or revision.
(f) Agency rules. In order to carry out the provisions
of this section, each agency that maintains a system of
records shall promulgate rules, in accordance with the
requirements (including general notice) of section 553 of
this title, which shall—
(1) establish procedures whereby an individual can be
notified in response to his request if any system of records
named by the individual contains a record pertaining to
him;
(2) define reasonable times, places, and requirements
for identifying an individual who requests his record or in -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Property Law - Intellectual Property | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

formation pertaining to him before the agency shall make
the record or information available to the individual;
[Page 161]
152 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 153	(3) establish procedures for the disclosure to an individ -
ual upon his request of his record or information pertain -
ing to him, including special procedure, if deemed neces -
sary, for the disclosure to an individual of medical records,
including psychological records, pertaining to him;
(4) establish procedures for reviewing a request from
an individual concerning the amendment of any record
or information pertaining to the individual, for making
a determination on the request, for an appeal within the
agency of an initial adverse agency determination, and for
whatever additional means may be necessary for each in -
dividual to be able to exercise fully his rights under this
section; and
(5) establish fees to be charged, if any, to any individual
for making copies of his record, excluding the cost of any


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: case_study
Difficulty: advanced | Document Type: educational

search for and review of the record.
The Office of the Federal Register shall biennially com -
pile and publish the rules promulgated under this subsec -
tion and agency notices published under subsection (e)(4)
of this section in a form available to the public at low cost.
(g)(1) Civil remedies
Whenever any agency
(A) makes a determination under subsection (d)(3)
of this section not to amend an individual’s record in
accordance with his request, or fails to make such re -
view in conformity with that subsection;
(B) refuses to comply with an individual request un -
der subsection (d)(1) of this section;
(C) fails to maintain any record concerning any in -
dividual with such accuracy, relevance, timeliness, and
completeness as is necessary to assure fairness in any
determination relating to the qualifications, character,
rights, or opportunities of, or benefits to the individual
that may be made on the basis of such record, and con -
sequently a determination is made which is adverse to


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Nuisance | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

the individual; or
(D) fails to comply with any other provision of this section, or any rule promulgated thereunder, in such a
way as to have an adverse effect on an individual, the
individual may bring a civil action against the agency,
and the district courts of the United States shall have
jurisdiction in the matters under the provisions of this
subsection.
(2)(A) In any suit brought under the provisions of
subsection (g)(1)(A) of this section, the court may or -
der the agency to amend the individual’s record in ac -
cordance with his request or in such other way as the
court may direct. In such a case the court shall deter -
mine the matter de novo.
(B) The court may assess against the United States
reasonable attorney fees and other litigation costs rea -
sonably incurred in any case under this paragraph in
which the complainant has substantially prevailed.
(3)(A) In any suit brought under the provisions of
subsection (g)(1)(B) of this section, the court may en -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: client_interaction
Difficulty: intermediate | Document Type: educational

join the agency from withholding the records and order
the production to the complainant of any agency re -
cords improperly withheld from him. In such a case the
court shall determine the matter de novo, and may ex -
amine the contents of any agency records in camera to
determine whether the records or any portion thereof
may be withheld under any of the exemptions set forth
in subsection (k) of this section, and the burden is on
the agency to sustain its action.
(B) The court may assess against the United States
reasonable attorney fees and other litigation costs rea -
sonably incurred in any case under this paragraph in
which the complainant has substantially prevailed.
(4) In any suit brought under the provisions of subsec -
tion (g)(1)(C) or (D) of this section in which the court
determines that the agency acted in a manner which was
intentional or willful, the United States shall be liable to
the individual in an amount equal to the sum of—
(A) actual damages sustained by the individual as a


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

result of the refusal or failure, but in no case shall a
person entitled to recovery receive less than the sum of
$1,000; and
[Page 162]
BASIC LAWS and AUTHORITIES  | 153	(B) the costs of the action together with reasonable
attorney fees as determined by the court.
(5) An action to enforce any liability created under this
section may be brought in the district court of the United
States in the district in which the complainant resides, or
has his principal place of business, or in which the agency
records are situated, or in the District of Columbia, with -
out regard to the amount in controversy, within two years
from the date on which the cause of action arises, except
that where an agency has materially and willfully misrep -
resented any information required under this section to
be disclosed to an individual and the information so mis -
represented is material to establishment of the liability of
the agency to the individual under this section, the action


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: case_analysis
Difficulty: intermediate | Document Type: educational

may be brought at any time within two years after discov -
ery by the individual of the misrepresentation. Nothing
in this section shall be construed to authorize any civil
action by reason of any injury sustained as the result of a
disclosure of a record prior to September 27, 1975.
(h) Rights of legal guardians. For the purposes of this
section, the parent of any minor, or the legal guardian of
any individual who has been declared to be incompetent
due to physical or mental incapacity or age by a court
of competent jurisdiction, may act on behalf of the
individual.
(i)(1) Criminal penalties
Any officer or employee of an agency, who by virtue of
his employment or official position, has possession of, or
access to, agency records which contain individually iden -
tifiable information the disclosure of which is prohibited
by this section or by rules or regulations established there -
under, and who knowing that disclosure of the specific
material is so prohibited, willfully discloses the material


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: statutory_interpretation
Difficulty: intermediate | Document Type: educational

in any manner to any person or agency not entitled to
receive it, shall be guilty of a misdemeanor and fined not
more than $5,000.
(2) Any officer or employee of any agency who willfully
maintains a system of records without meeting the notice
requirements of subsection (e)(4) of this section shall be
guilty of a misdemeanor and fined not more than $5,000.(3) Any person who knowingly and willfully requests
or obtains any record concerning an individual from an
agency under false pretenses shall be guilty of a misde -
meanor and fined not more than $5,000.
(j) General exemptions. The head of any agency may
promulgate rules, in accordance with the requirements
(including general notice) of sections 553(b)(1), (2), and
(3), (c), and (e) of this title, to exempt any system of records
within the agency from any part of this section except
subsections (b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6),
(7), (9), (10), and (11), and (i) if the system of records is—


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Offenses | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

(1) maintained by the Central Intelligence Agency; or
(2) maintained by an agency or component there -
of which performs as its principal function any activity
pertaining to the enforcement of criminal laws, includ -
ing police efforts to prevent, control, or reduce crime or
to apprehend criminals, and the activities of prosecutors,
courts, correctional, probation, pardon, or parole author -
ities, and which consists of (A) information compiled for
the purpose of identifying individual criminal offenders
and alleged offenders and consisting only of identifying
data and notations of arrests, the nature and disposition
of criminal charges, sentencing, confinement, release, and
parole and probation status; (B) information compiled
for the purpose of a criminal investigation, including re -
ports of informants and investigators, and associated with
an identifiable individual; or (C) reports identifiable to
an individual compiled at any stage of the process of en -


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Criminal Law - Defenses | Sample Type: pure_conceptual
Difficulty: advanced | Document Type: educational

forcement of the criminal laws from arrest or indictment
through release from supervision.
At the time rules are adopted under this subsection,
the agency shall include in the statement required under
section 553(c) of this title, the reasons why the system of
records is to be exempted from a provision of this section.
(k) Specific exemptions. The head of any agency may
promulgate rules, in accordance with the requirements
(including general notice) of sections 553(b)(1), (2),
and (3), (c), and (e) of this title, to exempt any system of
records within the agency from subsections (c)(3), (d), (e)
(1), (e)(4)(G), (H), and (I) and (f) of this section if the
system of records is—
[Page 163]
154 | BASIC LAWS and AUTHORITIES   BASIC LAWS and AUTHORITIES  | 155	(1) subject to the provisions of section 552(b)(1) of this
title;
(2) investigatory material compiled for law enforce -
ment purposes, other than material within the scope of
subsection (j)(2) of this section: Provided, however, That


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Contract Law - Remedies | Sample Type: ethical_reasoning
Difficulty: advanced | Document Type: educational

if any individual is denied any right, privilege, or bene -
fit that he would otherwise be entitled by Federal law, or
for which he would otherwise be eligible, as a result of
the maintenance of such material, such material shall be
provided to such individual, except to the extent that the
disclosure of such material would reveal the identity of
a source who furnished information to the Government
under an express promise that the identity of the source
would be held in confidence, or, prior to the effective date
of this section, under an implied promise that the identity
of the source would be held in confidence;
(3) maintained in connection with providing protective
services to the President of the United States or other in -
dividuals pursuant to section 3056 of Title 18;
(4) required by statute to be maintained and used solely
as statistical records;
(5) investigatory material compiled solely for the pur -
pose of determining suitability, eligibility, or qualifications


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Employment Law - Employment Contracts | Sample Type: comparative_analysis
Difficulty: advanced | Document Type: educational

for Federal civilian employment, military service, Federal
contracts, or access to classified information, but only to
the extent that the disclosure of such material would reveal
the identity of a source who furnished information to the
Government under an express promise that the identity of
the source would be held in confidence, or, prior to the
effective date of this section, under an implied promise that
the identity of the source would be held in confidence;
(6) testing or examination material used solely to de -
termine individual qualifications for appointment or
promotion in the Federal service the disclosure of which
would compromise the objectivity or fairness of the test -
ing or examination process; or
(7) evaluation material used to determine potential for
promotion in the armed services, but only to the extent
that the disclosure of such material would reveal the iden -
tity of a source who furnished information to the Gov -ernment under an express promise that the identity of the


# basic laws book 2016 (1)
Jurisdiction: UK | Practice Area: employment law
Topic: Tort Law - Negligence | Sample Type: ethical_reasoning
Difficulty: intermediate | Document Type: educational

source would be held in confidence, or, prior to the effec -
tive date of this section, under an implied promise that
the identity of the source would be held in confidence.
At the time rules are adopted under this subsection,
the agency shall include in the statement required under
section 553(c) of this title, the reasons why the system of
records is to be exempted from a provision of this section.
(1) Archival records
(1) Each agency record which is accepted by the Archi -
vist of the United States for storage, processing, and ser -
vicing in accordance with section 3103 of Title 44 shall,
for the purposes of this section, be considered to be main -
tained by the agency which deposited the record and shall
be subject to the provisions of this section. The Archivist
of the United States shall not disclose the record except
to the agency which maintains the record, or under rules
established by that agency which are not inconsistent with
the provisions of this section.