U.S. law makes a vast amount of federal documents available to private citizens.
The Freedom of Information Act (FOIA) permits access to a number of general government documents, while the Privacy Act controls disclosure. These acts are described in more detail in the following sections.
Most people understand that they can obtain many government documents through FOIA requests. Fewer, however, are aware that the Privacy Act allows them to correct certain information in their own records and even to recover damages for unauthorized disclosures.
As a former government attorney, Ms. Azeredo is well versed in obtaining these documents - which can be an invaluable asset in litigation or even federal contracting scenarios. While working for a federal government agency, Ms. Azeredo trained other attorneys in applying FOIA and Privacy Act criteria. She handled many FOIA and Privacy Act matters which were the subject of intense media scrutiny.
Ms. Azeredo can represent you in your FOIA and Privacy Act requests through the administrative process and into litigation, if it is necessary.
FOIA
Under FOIA (5 U.S.C. § 552)
- The government must release documents to the public in general, unless those documents are exempt from disclosure.
- An individual who has been denied access to certain documents may file a suit in U.S. District Court to determine whether the exemptions invoked by the government were proper.
With respect to FOIA, Ms. Azeredo handles:
- Requests for information from U.S. government and state agencies
- Appeal for requests for information that were denied in full or denied in part
- Litigation pertaining to any denied requests for information
Privacy Act
Under the Privacy Act ( 5 U.S.C. § 552a):
- Documents kept by the government about an individual must be accurate, relevant, timely, and complete.
- To be covered, the documents must be kept in a "system of records" that identifies the individual by name or other identifying method, such as a case number.
- In most instances, individuals are entitled to obtain a copy of their own records, and may request that the agency correct any record that is not accurate, relevant, timely and complete.
- Individuals may file suit in U.S. District Court if the agency fails to produce the relevant records or refuses to correct records that do not comply with the applicable standards.
- If the individual prevails in the lawsuit, the government is required to reimburse the individual for attorney fees and pay damages for the Privacy Act violation.
- In certain instances, individuals are also entitled to obtain damages for incorrect or unauthorized disclosures that violate statutory criteria.
With respect to the Privacy Act, Ms. Azeredo handles actions against U.S. government agencies and States regarding:
- An individual's access to his/her personal information
- Authority of government to create and compile personal information;
- Authority of government to use personal information;
- Authority of government to share personal information; and
- Government requirements on the retention of personal information.