You may joke about the FBI listening to your conversations and watching you through your phone's camera — but have you ever wondered what information they have on you?
Well, you might be able to find out thanks to the federal Privacy Act, used in tandem with the Freedom of Information Act.
What is the Freedom of Information and Privacy Act?
According to the US Department of Justice, the Privacy Act allows individuals to access records about themselves, while the Freedom of Information Act allows the public to access government information.
Though the law gives someone the right to request information about themselves, there are 10 exemptions to the Privacy Act that allow the government to withhold those records.
Those exemptions are:
- If the information was compiled in reasonable anticipation of a civil action or proceeding.
- If the record is maintained by the Central Intelligence Agency.
- If the record is maintained by an agency whose principal function pertains to the enforcement of criminal laws.
- If the information is classified.
- If the information is investigative law enforcement materials.
- If the information is a Secret Service record.
- If the information is used solely as a statistical record.
- If the information is source-identifying investigatory material compiled for determining suitability, eligibility, or other qualification.
- If the information is testing or examination materials.
- If the information is source-identifying armed services promotion material.
How to request your FBI file
Use the eFOIPA portal for Privacy Act requests, but responses will be mailed to the address provided by the requester.
Or, you can send a letter to the FBI for your request, following the instructions inU.S. Department of Justice Certification of Identity Form DOJ-361. The letter must be signed and notarized, or if not notarized it must state:
“Under penalty of perjury, I hereby declare that I am the person named above and I understand that any falsification of this statement is punishable under the provisions of Title 18, United States Code (U.S.C.), Section 1001 by a fine of not more than $10,000 or by imprisonment of not more than five years, or both; and that requesting or obtaining any record(s) under false pretenses is punishable under the provisions of Title 5, U.S.C., Section 552a(i)(3) as a misdemeanor and by a fine of not more than $5,000.”
The letter should be mailed to:
Federal Bureau of InvestigationAttn: Initial Processing Operations UnitRecord/Information Dissemination Section200 Constitution DriveWinchester, VA 22602
Questions about the process can be sent to foipaquestions@fbi.gov.
