Question 1

Records concerning the enforcement of criminal laws are not subject to disclosureunder the:

Accepted Answer

Both the FOIA and Privacy Act have exemptions for records concerning the enforcement of criminal laws. These exemptions are designed to protect privacy interests and ongoing investigations. Therefore, records concerning the enforcement of criminal laws are not subject to disclosure under either the FOIA or the Privacy Act.

Question 2

The Privacy Act requires that certain ________,held by the government,not bedisclosed.

Accepted Answer

The Privacy Act specifically applies to private information regarding individuals and requires that such information held by the government must not be disclosed without the consent of the individual to whom the information pertains. The other choices are not directly addressed by the Privacy Act.

Question 3

Which of the following is not considered a critical infrastructure under the newexemption to the FOIA after the attacks on the United States of September 11,2001?

Accepted Answer

The other three choices (banking, health care, and communications) are considered critical infrastructure because they are essential to the functioning of society and the economy. However, education is not typically considered critical infrastructure in the same way.

Question 4

When a request for information is made by an educational,noncommercial scientific,or news media organization:

Accepted Answer

When an educational, noncommercial scientific, or news media organization requests for information, only copying fees may be charged. This is stated in the Freedom of Information Act (FOIA) and applies to those types of organizations only. No search or review expenses may be charged.

Question 5

After an agency has received a request for information,the agency has ________business days to determine whether it will comply.

Accepted Answer

Agencies typically have 10 business days to determine whether they will comply with a request for information.

Question 6

Every agency must report the total number of closed meetings,reasons for the closedmeetings,and all related litigation to Congress:

Accepted Answer

The best choice is annually as it allows sufficient time for agencies to compile and report their closed meetings and related litigation while also providing adequate transparency to Congress. Monthly or quarterly reporting would be too frequent and could burden agencies with unnecessary paperwork, while semi-annual reporting may not provide enough oversight.

Question 7

When an agency is required to disclose a document but blacks out or otherwiseconceals exempted information,the information is said to be:

Accepted Answer

Redacting is the act of editing or censoring information by blacking out or concealing exempted information. This process is often used by agencies to protect sensitive information before releasing a document to the public or to comply with open records laws.

Question 8

For the FOIA exemption regarding national defense and/or foreign policy to apply:

Accepted Answer

The exemption regarding national defense and/or foreign policy applies when the president issues an executive order authorizing the exemption. Congress referring to the document or information in a statute and the document or information being covered under the Privacy Act are not relevant to this particular FOIA exemption. The president reviewing the document or information and authorizing an exemption may happen as part of issuing an executive order, but it is not necessary for the exemption to apply.

Question 9

Which of the following is not a positive value attributable to the privacy issue related to disclosure and nondisclosure of information?

Accepted Answer

The preservation of privacy rights does not sacrifice the public's need to know as it is necessary for maintaining a healthy balance between the two. All other options provide positive values attributable to privacy rights.

Question 10

Which of the following is not a FOIA form of disclosure?

Accepted Answer

Creation is not a FOIA form of disclosure. FOIA requires agencies to disclose already existing records to the public, not to create new ones. Publication, inspection and copying, and production upon request are all forms of disclosure under the FOIA.

Question 11

The primary remedy available for aggrieved persons under the FOIA is:

Accepted Answer

The primary remedy available for aggrieved persons under the FOIA is injunctive relief, which is a court order requiring the government agency to produce the requested information. Compensatory damages, punitive damages, and specific performance are not available under the FOIA.

Question 12

Which of the following is not an exception to the Privacy Act nondisclosurerequirements?

Accepted Answer

Disclosures to the president are not listed as an exception to the Privacy Act nondisclosure requirements. The exceptions include disclosures to satisfy court orders, disclosures that may occur for routine use, and disclosures to either body of Congress.

Question 13

The FOIA requires that all agencies maintain and make available for public inspectionand copying a current index of materials required to be made available or published.Thisindex must be published at least:

Accepted Answer

The answer of The FOIA requires that all agencies maintain...

Question 14

The maximum fine authorized under the Privacy Act's criminal provisions is:

Accepted Answer

The maximum fine authorized under the Privacy Act's criminal provisions is $5,000. This is intended to penalize individuals who knowingly and willfully disclose personally identifiable information in violation of the Act.

Question 15

Rodney has properly requested the opportunity to review his own records compiledand stored by an agency.No valid exemption exists,yet he is denied access.If he chooses to sue,he must file suit within how many years?

Accepted Answer

Rodney must file suit within two years of being denied access to his records, according to the Privacy Act of 1974.

Question 16

Under the Privacy Act,any agency that proposes to establish or alter any system ofrecords must provide notice to:

Accepted Answer

According to the Privacy Act, any agency that proposes to establish or alter any system of records must provide notice to both Congress and the Office of Management and Budget. This is to ensure that the proposed changes are appropriate and legal before they can be implemented. While changes are also published in the Federal Register, notice to Congress and the Office of Management and Budget is specifically required under the Privacy Act.

Question 17

In camera review means:

Accepted Answer

In camera review refers to a process where the court reviews documents or materials privately, outside of public view or the presence of the parties involved, to determine their relevance or admissibility in a case.

Question 18

Attorney fees may be awarded to successful litigants under the:

Accepted Answer

Both the Freedom of Information Act (FOIA) and the Privacy Act authorize courts to award attorney fees to successful litigants in certain situations, such as when the agency improperly withheld information or acted in bad faith. Therefore, choice C, FOIA and Privacy Act, is the correct answer.

Question 19

________ require that,generally,an agency's meetings be held open to the public forobservation.

Accepted Answer

Sunshine laws require that government agencies hold their meetings in public and make certain records available for public inspection.

Question 20

Venue under the FOIA and Privacy Act permits a lawsuit in any of the followingexcept:

Accepted Answer

Under both the Freedom of Information Act (FOIA) and the Privacy Act, lawsuits can be filed in the jurisdiction where the records are situated, where the complainant resides, or in the District of Columbia. There is no provision that allows for filing a lawsuit based on the location of the incident or occurrence to which the information pertains.

Quiz 10: Accountability Through Accessibility