Intelligence Law Glossary - Record


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Statutory Law

44 U.S.C. § 1501 (2010) (Title 44—Chapter 15: Federal Register and Code of Federal Regulations)

As used in this chapter [44 U.S.C. §§ 1501 et seq.], unless the context otherwise requires—
   "document" means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument, issued, prescribed, or promulgated by a Federal agency;

44 U.S.C. § 2901(1) (2010) (Title 44—Chapter 29: Records Management by the Archivist of the United States and by the Administrator of General Services)

As used in this chapter [44 U.S.C. §§ 2901 et seq.], and chapters 21, 25, 31, and 33 of this title [44 U.S.C. §§ 2101 et seq., 2501 et seq., 3101 et seq., and 3301 et seq.]—
   (1) the term "records" has the meaning given it by section 3301 of this title;

44 U.S.C. § 3301 (2010) (Title 44—Chapter 33: Disposal of Records)

As used in this chapter [44 U.S.C. §§ 3301 et seq.], "records" 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 or exhibition purposes, extra copies of documents preserved only for convenience of reference, and stocks of publications and of processed documents are not included.

44 U.S.C. § 3315(3) (2010) (Title 44—Chapter 33: Disposal of Records)

For purposes of this section and section 3316 through section 3324 of this title [44 U.S.C. §§ 3316-3324]—
   (3) the term "records and documents" shall include handwritten and typewritten documents, motion pictures, television tapes and recordings, magnetic tapes, automated data processing documentation in various forms, and other records that reveal the history of the Nation.

Administrative Law

Executive Order 12958, Classified National Security Information, § 6.1(o) (1995) (superseded)

“Document” means any recorded information, regardless of the nature of the medium or the method or circumstances of recording.

Executive Order 12958, Classified National Security Information, § 6.1(dd) (1995) (superseded)

“Records” means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant.

Executive Order 13,526, Classified National Security Information, § 6.1 (hh) (December 29, 2009)

For purposes of this order:
(hh)  "Records" means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency's control under the terms of the contract, license, certificate, or grant.

28 CFR § 25.2 [28 CFR PART 25—DEPARTMENT OF JUSTICE INFORMATION SYSTEMS]

[…]
Record
means any item, collection, or grouping of information about an individual that is maintained by an agency, including but not limited to information that disqualifies the individual from receiving a firearm, and that contains his or her name or other personal identifiers.

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)

The Attorney General’s Guidelines for Domestic FBI Operations § VII (M) (Sept. 29, 2008)

Any records, databases, files, indices, information systems, or other retained information.

See Also

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:
[…]
Responsive records
means those documents (i.e., records) which NACIC has determined to be within the scope of a FOIA request.

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:
[…]
Responsive record
means those documents (records) which NACIC has determined to be within the scope of a Privacy Act request;

32 CFR § 1900.02(o) [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:
(o) Responsive records
means those documents (i.e., records) which the Agency has determined to be within the scope of a FOIA request.

32 CFR § 1901.02(l) [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:
(l) Responsive record
means those documents (records) which the Agency has determined to be within the scope of a Privacy Act request;