Intelligence Law Glossary - Agency Records [HTML-Only]


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Agency Records

Administrative Law

32 CFR § 1701.2 [32 CFR CHAPTER XVII—OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE: 32 CFR PART 1701—ADMINISTRATION OF RECORDS UNDER THE PRIVACY ACT OF 1974]

For purposes of this subpart, the following terms have the meanings indicated:
[…]
Record
means any item, collection, or grouping of information about an individual that is maintained by the ODNI including, but not limited to, information such as an individual's education, financial transactions, medical history, and criminal or employment history that contains the individual's name, or an identifying number, symbol, or any other identifier assigned to an individual. When used in this subpart, record means only a record that is in a system of records.

32 CFR § 1800.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1800—PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA)]

For purposes of this part, the following terms have the meanings indicated:
[…]
Records or agency records
means all documents, irrespective of physical or electronic form, made or received by NACIC in pursuance of federal law or in connection with the transaction of public business and appropriate for preservation by NACIC as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of NACIC or because of the informational value of the data contained therein; it does not include:
(1) Books, newspapers, magazines, journals, magnetic or printed transcripts of electronic broadcasts, or similar public sector materials acquired generally and/or maintained for library or reference purposes; to the extent that such materials are incorporated into any form of analysis or otherwise distributed or published by NACIC, they are fully subject to the disclosure provisions of the FOIA;
(2) Index, filing, or museum documents made or acquired and preserved solely for reference, indexing, filing, or exhibition purposes; and
(3) Routing and transmittal sheets and notes and filing or destruction notes which do not also include information, comment, or statements of substance;

32 CFR § 1801.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1801—PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974]

For purposes of this part, the following terms have the meanings indicated:
[…]
Record
means an item, collection, or grouping of information about an individual that is maintained by NACIC in a system of records;

32 CFR § 1900.02(n) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1900—PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA)]

For purposes of this part, the following terms have the meanings indicated:
(n) Records or agency records
means all documents, irrespective of physical or electronic form, made or received by the CIA in pursuance of federal law or in connection with the transaction of public business and appropriate for preservation by the CIA as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the CIA or because of the informational value of the data contained therein; it does not include:
(1) Books, newspapers, magazines, journals, magnetic or printed transcripts of electronic broadcasts, or similar public sector materials acquired generally and/or maintained for library or reference purposes; to the extent that such materials are incorporated into any form of analysis or otherwise distributed or published by the Agency, they are fully subject to the disclosure provisions of the FOIA;
(2) Index, filing, or museum documents made or acquired and preserved solely for reference, indexing, filing, or exhibition purposes; and
(3) Routing and transmittal sheets and notes and filing or destruction notes which do not also include information, comment, or statements of substance;

32 CFR § 1901.02(j) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1901—PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974]

For purposes of this part, the following terms have the meanings indicated:
(j) Record
means an item, collection, or grouping of information about an individual that is maintained by the Central Intelligence Agency in a system of records;

32 CFR § 2001.92(j):  Definitions [32 CFR CHAPTER XX—INFORMATION SECURITY OVERSIGHT OFFICE, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION: 32 CFR PART 2001—CLASSIFIED NATIONAL SECURITY INFORMATION]

(j) Federal record
includes all books, papers, maps, photographs, machine-readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. Library and museum material made or acquired and preserved solely for reference, and stocks of publications and processed documents are not included. (44 U.S.C. 3301)