Are medical records subject to FOIA?

Are medical records subject to FOIA?

Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Files that are protected from disclosure by any of nine exemptions and three exclusions (e.g. classified records, personal medical records, and trade secrets).

What information falls under FOIA?

The Freedom of Information Act (FOIA) provides public access to all federal agency records except for those records (or portions of those records) that are protected from disclosure by any of nine exemptions or three exclusions (reasons for which an agency may withhold records from a requester).

Does freedom of information apply to hospitals?

Freedom of Information Medical records are personal records. The FOI Act applies to the HSE and to voluntary hospitals as well as to a number of health agencies. It does not apply to private hospitals. Disputes about access to records under the FOI Act should be addressed to the Office of the Information Commissioner.

Can you FOIA a personnel file?

Most information in a Federal (non-archival) Official Personnel Folder (OPF) is not releasable to the general public without the written consent of the individual whose record is involved. The Freedom of Information Act does allow, however, for certain information to be released without the individual’s consent.

What do I need to file a FOIA request?

I. Information Needed for FOIA Requests Complete Name (First and Last) Mailing address Country (if not U.S.) Telephone number or Alternate telephone Email address Research Topic: Any identifying data such as: subject’s complete name, case file number, or detailed information pertaining to your request that will help us identify the records.

What kind of records are exempt from FOIA?

Section 552 (b) of the FOIA contains nine types of records which are routinely exempt from disclosure under the FOIA: Records classified national defense or foreign policy materials, 5 U.S.C. § 552 (b) (1); Internal personnel rules and agency practices, 5 U.S.C. § 552 (b) (2);

Can a FOIA request be denied by the FCC?

Under the FOIA Exemption 6 and the Privacy Act, the FCC may be prohibited from disclosing information about an individual from a system of records without the written consent of the individual to whom the record pertains. Can the FCC deny my FOIA request? Yes.

Are there any exemptions to the Freedom of Information Act?

This right to access is limited when such information is protected from disclosure by one of FOIA’s nine statutory exemptions. Click for more information on the Provisions of the Freedom of Information Act.

What happens when you send a FOIA request?

After an agency receives your FOIA request, you will usually receive a letter acknowledging the request with an assigned tracking number. If the agency requires additional information before it can begin to process your request, it will contact you.

How to file a Freedom of Information Act request?

You must submit your FOIA request in writing and prominently note “Freedom of Information Act Request” on the first page. Your FOIA request should describe the records sought in sufficient detail to enable the OPM office to locate the records with a reasonable amount of effort.

Are there any personal records not subject to FOIA?

Applying these considerations to the specific documents before it in BNA, the D.C. Circuit concluded that most of them were “personal records” not subject to the FOIA.

How to request information from a federal agency?

If the information you want is not publicly available, you can submit a FOIA request to the agency’s FOIA Office. The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax.