Deck 10: Accountability Through Accessibility

Question 1

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

A) FOIA
B) Privacy Act
C) FOIA and Privacy Act
D) none of the above; records concerning the enforcement of criminal laws are not exempted from disclosure

Answer 1

C

Question 2

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

A) private information regarding individuals
B) public information regarding agencies
C) public information regarding Congress
D) public information regarding individuals
E) all of the above

Answer 2

A

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?

A) Education
B) Banking
C) Health care
D) Communications

Answer 3

A

Question 4

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

A) only copying fees may be charged
B) only search expenses may be charged
C) only review expenses may be charged
D) search, review, and copying 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.

A) 10
B) 20
C) 30
D) 45

Question 6

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

A) monthly
B) quarterly
C) semi-annually
D) annually

Question 7

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

A) redacted
B) revoked
C) rescinded
D) repealed

Question 8

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

A) Congress must specifically refer to the document or information in a statute
B) the president must issue an executive order
C) the document or information must be covered under the Privacy Act also
D) the president must review the document or information and authorize an exemption by

Question 9

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

A) It preserves trust, autonomy, and right to remain silent.
B) It preserves personal facts, control, personal independence, and dignity.
C) It preserves the rights of a few while sacrificing the public's need to know.
D) It preserves freedom from coercion, excluded facts, and encourages trusting communication.

Question 10

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

A) Publication
B) Inspection and copying
C) Production upon request
D) Creation

Question 11

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

A) compensatory damages
B) compensatory and punitive damages
C) injunctive relief
D) specific performance

Question 12

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

A) Disclosures to satisfy court orders
B) Disclosures to the president
C) Disclosures that may occur for routine use
D) 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:

A) monthly
B) quarterly
C) semi-annually
D) annually

Question 14

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

A) $2,500
B) $5,000
C) $7,500
D) $10,000

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?

A) One year
B) Two years
C) Three years
D) Four years

Question 16

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

A) Congress
B) the Office of Management and Budget
C) Congress and the Office of Management and Budget
D) none of the above; changes are published in the Federal Register and a hearing is conducted to decide the appropriateness and legality of the changes

Question 17

In camera review means:

A) individuals may review their records
B) individuals may review their records and copy them
C) the court may review records in open court
D) the court may review records in private

Question 18

Attorney fees may be awarded to successful litigants under the:

A) FOIA
B) Privacy Act
C) FOIA and Privacy Act
D) none of the above; attorney fees are not recoverable in information and privacy cases

Question 19

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

A) Blue laws
B) Prime directive laws
C) Open disclosure laws
D) Sunshine laws

Question 20

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

A) where the records are located
B) where the complainant resides
C) the District of Columbia
D) where the incident or occurrence that the information pertains to occurred

Question 21

The Privacy Act prohibits agencies from collecting information about people.

Question 22

If an individual properly requests an amendment to their records due to inaccurate,untimely,or incomplete information,should the agency deny the request for amendment,no judicial review is available because this type of issue is committed to the discretion ofthe agency and is nonreviewable.

Question 23

The FOIA does not require that agencies deliver documents to requesters but onlythat the documents be made available.

Question 24

An agency may not maintain a record of how a person exercises his or her rightsunder the First Amendment of the Constitution unless authorized to do so by statute orsuch information is within the scope of a law enforcement activity.

Question 25

Agencies are required to keep an audio record or transcript of all closed meetings.

Question 26

The FOIA addresses the right of citizens regarding information but does not affordnoncitizens the same rights to information.

Question 27

Geological information concerning wells in the United States is available to U.S.citizens pursuant to the FOIA.

Question 28

An agency's current index of materials required to be made available or publishedmust be published in the Federal Register.

Question 29

Criminal acts under the Privacy Act are felonies.

Question 30

Agency statements of policy and interpretation adopted by the agency but notpublished in the Federal Register must be made available for inspection and copying.

Question 31

It is the obligation of the party seeking to review a document to prove that thedocument does not fall within an FOIA exception prohibiting its review.

Question 32

Law suits brought by submitters of records to agencies to prevent disclosure ofinformation are known as reverse FOIA suits.

Question 33

The FOIA does not require an agency to protect an individual's privacy.

Question 34

The public may be excluded from an agency meeting regarding an accusation of acrime but must be permitted to observe formal censure hearings.

Question 35

Under the Privacy Act,the term individual has not been interpreted to includebusinesses.

Question 36

A civil action to enforce a right to disclosure under the FOIA may be brought in stateor federal court.

Question 37

The Trade Secrets Act prohibits the disclosure of trade secrets and related informationby private individuals.

Question 38

When an individual reviews their records pursuant to an FOIA request,they maybring anyone they choose to while reviewing the record.

Question 39

An agency may not assess a fee for the first two hours of search time or the first 100pages of copying unless the requester is commercial.

Question 40

Federal courts review FIOA cases de novo.

Question 41

Megan's Law and other sexual predator laws are statutes promulgated in most states that require sex offenders to register with police authorities when they move into a neighborhood.Furthermore,many such statutes require that specific notice be given to occupants in the neighborhood naming the offender and providing his or her picture and address.Should a similar disclosure be enforced against all felons? After all,the offender has served his or her sentence.Why or why not? Be very specific.

Question 42

The Privacy Act specifically forbids maintaining a record on how any person exerciseshis or her rights under the _____ Amendment to the U.S.Constitution,unless authorizedto do so by statute or such information is within the scope of a law enforcement activity.

Question 43

The purpose of the Freedom of Information Act (FOIA)is to make governmentalrecords available to the ____whereas the purpose of the Privacy Act is to withholdsensitive documents from public disclosure.

Question 44

Describe the three modalities of providing public access to information under theFreedom of Information Act (FOIA).

Question 45

An employee brings an action against the Department of Veterans Affairs (VA),alleging that the VA violated the Privacy Act by disclosing to his union representative his HIV-positive status and his use of marijuana for medical purposes.Discuss the purpose of the Privacy Act.

Question 46

Discuss whether you think parole hearings should be open to the public under the Government in the Sunshine Act.Explain your position.

Question 47

FOIA §552(a)(1),which requires that agencies make certain information available forinspection and copying,is sometimes referred to as the _____ requirement becauseit is satisfied by providing a location for people to inspect and copy documents.

Question 48

The Freedom of Information Act (FOIA)permits for _____examination of recordsconducted by the presiding judge,usually in chambers outside the presence of the public,to preserve the confidentiality of documents while giving the judge the opportunity toreview the records and make an informed decision.

Question 49

A fundamental tenet of democracy is____ of government.

Question 50

A federal prisoner incarcerated on racketeering and drug-related convictions brings an action against the U.S.Department of Justice (DOJ)alleging violation of the Government in the Sunshine Act in connection with his requests for a variety of records that he believes would exonerate him and show government misconduct.Describe the purpose of the Government in the Sunshine Act and how the act could help the prisoner.

Question 51

The Privacy Act defines _____ use as the use of a record for a purpose compatiblewith the purpose for which it was collected.

Question 52

The Freedom of Information Act (FOIA)provides that no fee can be charged for thefirst ___ hours of search time or for the first 100 pages of copying,except for commercialrequesters.

Question 53

Lawsuits brought by submitters of records to agencies to prevent the disclosure ofinformation are known as _____ FOIA actions.

Question 54

The Government in the Sunshine Act applies only to _____agencies or agencies thatare headed by more than one person.

Question 55

The Freedom of Information Act (FOIA)provides for three forms of disclosure:publication,_____ and copying,and production upon request.

Question 56

Matching:
Matching:Match the statement in Column 1 to the appropriate act in Column 2.

Question 57

Megan's Law and other sexual predator laws are statutes promulgated in most states that require sex offenders to register with police authorities when they move into a neighborhood.Furthermore,many such statutes require that specific notice be given to occupants in the neighborhood naming the offender and providing his or her picture and address.Discuss the legality of these mandatory disclosure laws with regard to the FOIA and the Privacy Act.