Effective December 20, 2007, Handbook AS-353, Guide to Privacy and the Freedom of Information Act, is revised for clarity and administrative purposes.
The purpose for the revision is to update sections for administrative purposes, to clarify existing text, and to comply with provisions of Executive Order (EO) 13,392, entitled “Improving Agency Disclosure of Information,” issued by the President on December 14, 2005. The Order contains several statements of Freedom of Information Act (FOIA) policy and specific new planning and reporting requirements, and it emphasizes the importance of the FOIA to “the effective functioning of our constitutional democracy.” It reminds all agencies that “FOIA requesters are seeking a service from the Federal Government and should be treated as such.” The goal of the Order is to improve agency service and performance, increase efficiency in agency FOIA operations, and strengthen compliance.
Specifically, the EO requires the Postal Service™ to name a chief FOIA officer, to establish FOIA Requester Service Centers, and to name FOIA public liaisons. These changes are reflected in chapter 1. Minor editorial updates are made to chapters 2 and 3. Changes made to chapter 4 clarify or update existing text and amend computer search fees. In consultation with Information Technology, computer search fees are amended to reflect changes in the actual direct cost of retrieval, including computer search time and personnel costs. Computer search fees have not been updated since September 2003. The new computer search fees are based on current industry standards and salary schedules. These changes are consistent with Postal Service regulations that implement the FOIA found at 39 Code of Federal Regulations §265.9(b)(ii), which provide that “The fee for retrieving data by computer is the actual direct cost of the retrieval, including computer search time, and personnel cost in effect at the time that the retrieval services are performed. The fees are subject to periodic revision.”
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Handbook AS 353, Guide to Privacy, the Freedom of Information Act, and Records Management
1 Introduction
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1-1 Purpose of Handbook
Handbook AS-353, Guide to Privacy, the Freedom of Information Act, and Records Management, describes Postal Service™ policies and procedures governing the privacy of information relating to customers, employees, or other individuals, and the release, protection, and management of Postal Service records. The Postal Service is mandated by law, and has adopted policies, to protect the privacy of its customers, employees, individuals, and suppliers. The Postal Service is also required to make its records available to the public consistent with the Freedom of Information Act (FOIA) and good business practices.
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1-4 Roles and Responsibilities
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1-4.2 Specific Responsibility
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1-4.2.1 Officers, Managers, and Employees
All officers, business and line managers, supervisors, and other employees are responsible for implementing privacy policies as required by this handbook and their Postal Service duties. Officers and managers ensure compliance with privacy policies through organizations and information resources under their direction, and provide resources required to appropriately protect the privacy of customer, employee, or other individuals’ information.
1-4.2.2 Suppliers, Business Partners, and Customers
Suppliers, business partners, and customers are responsible for the following:
a. Suppliers and Business Partners. All Postal Service suppliers and business partners who develop systems with or have access to information resources that contain customer, employee, or other individuals’ data, or who help to develop or implement a Postal Service Web site or marketing e–mail campaign, are responsible for complying with Postal Service privacy policies and related business, security, and contracting practices.
b. Customers. Customers must follow the applicable procedures for privacy and FOIA.
1-4.2.3 Chief FOIA Officer
The chief FOIA officer is responsible for the following:
a. Overseeing Postal Service compliance with the FOIA.
b. Making recommendations to the postmaster general regarding the Postal Service’s FOIA program.
c. Monitoring and reporting on FOIA implementation and performance for the Postal Service.
Contact the chief FOIA officer at the following address:
CHIEF FOIA OFFICER
US POSTAL SERVICE
475 L’ENFANT PLZ SW RM 10433
WASHINGTON DC 20260
1-4.2.4 Chief Privacy Officer
The chief privacy officer (CPO) is responsible for the following:
a. Developing and implementing policies, processes, and procedures for privacy, records, and FOIA.
b. Reviewing privacy impact assessments and determining information sensitivity during the Business Impact Assessment (BIA) process.
c. Advising management on strategic direction and trends.
d. Evaluating technology that impacts privacy.
e. Providing guidance on privacy and records policies.
f. Directing the activities of the Privacy Office and the Records Office, and reporting to the Consumer Advocate.
Contact the Privacy Office at the following address:
PRIVACY OFFICE
US POSTAL SERVICE
475 L’ENFANT PLZ SW RM 10433
WASHINGTON DC 20260
e-mail: privacy@usps.gov
1-4.2.5 Manager, Records Office
The manager of the Records Office is responsible for the following:
a. Managing the Records Office.
b. Establishing procedures and guidelines to ensure that record management practices comply with the Privacy Act and FOIA.
c. Answering questions about the policies and procedures in this handbook.
Contact the Records Office manager at the following address:
MANAGER RECORDS OFFICE
US POSTAL SERVICE
475 L’ENFANT PLZ SW RM 5821
WASHINGTON DC 20260
Telephone: 202-268-2608
1-4.2.6 Freedom of Information Act Requester Service Center
The FOIA Requester Service Center (RSC) is responsible for the following:
a. Facilitating communication between the Postal Service and FOIA requesters.
b. Providing information to requesters concerning the status of FOIA requests and information about responses to such requests.
Contact FOIA RSC at the following addresses:
US Postal Service
MANAGER RECORDS OFFICE
US POSTAL SERVICE
475 L’ENFANT PLZ SW RM 5821
WASHINGTON DC 20260
Fax: 202-268-5353
Postal Inspection Service
OFFICE OF COUNSEL
US POSTAL INSPECTION SERVICE
1735 N LYNN ST 4TH FL
ARLINGTON VA 22209
Fax: 703-292-4083
Inspector General
OFFICE OF INSPECTOR GENERAL
US POSTAL SERVICE
1735 N LYNN ST STE 10000
ARLINGTON VA 22209
Fax: 703-248-4626
e-mail: foia@uspsoig.gov
1-4.2.7 Freedom of Information Act Public Liaison
The FOIA public liaison is responsible for the following:
a. Managing the FOIA RSC.
b. Receiving concerns of requesters about the service provided by the FOIA RSC following an initial response.
c. Ensuring a service-oriented response to requests and FOIA-related inquiries.
d. Reporting to the chief FOIA officer on its activities.
Contact the appropriate FOIA public liaison at the address provided in section 1-4.2.6.
1-4.2.8 Freedom of Information Act Coordinator
The FOIA coordinator, which is an ad hoc position located within each Headquarters department, area office, and district office, is responsible for the following:
a. Coordinating FOIA requests referred to or received by functional or geographical area.
b. Providing procedural guidance, upon request, to records custodians.
c. Assisting the manager of the Records Office with national records management activities, such as annual reporting of local FOIA and Privacy Act activities.
1-4.2.9 Records Custodian
The records custodian is responsible for ensuring that records within his/her facilities or organizations are managed according to Postal Service policies. Vice presidents or their designees are the custodians of records maintained at Headquarters. In the field, the records custodian is the head of a Postal Service facility, such as an area, district, Post Office™, or other Postal Service installation, who maintains Postal Service records. Senior medical personnel are the custodians of restricted medical records maintained within Postal Service facilities. The custodian of Employee Assistance Program records is the Postal Service counselor, a supplier, or the Public Health Service, whichever provided the services.
1-4.2.10 Manager, Corporate Information Security Office
The manager, Corporate Information Security Office, is responsible for the following:
a. Ensuring compliance with information security policies, including the protection of information resources containing customer, employee, or other individuals’ information.
b. Safeguarding and disposing of electronic records (including e-mails) that are maintained in information systems, including those that are subject to legal holds.
c. Serving as the central contact for information security issues and providing security consultations as requested.
1-4.2.11 General Counsel
The general counsel or designee is responsible for the following:
a. Deciding administrative appeals filed under the Privacy Act and FOIA. Appropriate legal counsel should be consulted by FOIA coordinators, records custodians, and others with legal questions about the Privacy Act or FOIA.
For appeals related to records other than Inspector General records, contact the general counsel’s designee at the following address:
CHIEF COUNSEL
CUSTOMER PROGRAMS
US POSTAL SERVICE
475 L’ENFANT PLZ SW
WASHINGTON DC 20260
b. Issuing legal hold notices for the purpose of preserving Postal Service records relating to pending or anticipated legal proceedings, investigations, or audits.
1-4.2.12 Chief Postal Inspector
The Chief Postal Inspector of the Inspection Service is responsible for handling Privacy Act and FOIA requests for Inspection Service records. Contact the Chief Postal Inspector at the following address:
CHIEF POSTAL INSPECTOR
US POSTAL SERVICE
475 L’ENFANT PLZ SW RM 3100
WASHINGTON DC 20260
1-4.2.13 Office of Inspector General
The Inspector General is responsible for handling Privacy Act and FOIA requests and appeals for Office of Inspector General records. Contact the Inspector General at the following address:
FOIA OFFICER
OFFICE OF INSPECTOR GENERAL
US POSTAL SERVICE
1735 N LYNN ST STE 10000
ARLINGTON VA 22209
2 Laws, Guidelines, and Policies
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2-1 Best of Public and Private Practices
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2-2 Mail Protections
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The privacy and security of the mail are core values of the Postal Service. Information from the contents or cover of any customer’s mail may not be recorded or otherwise collected or disclosed within or outside the Postal Service, except for Postal Service operations and law enforcement purposes as specified in Title 39 of the Code of Federal Regulations (CFR) 233.3 and chapter 2 of the Administrative Support Manual.
2.3 Federal Laws
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2-3.1 Postal Reorganization Act
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2-3.2 Privacy Act
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2-3.3 Freedom of Information Act
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2-3.4 E-Government Act of 2002
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The E-Government Act of 2002, 44 U.S.C. Chapter 36, is intended to protect privacy in the provision of electronic government services and applies when agencies collect personal information in new or modified information technology systems.***
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2-3.5 Gramm-Leach-Bliley Act
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2-3.6 Children’s Online Privacy Protection Act
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2-4 Federal Agency Guidelines
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2-4.1 Federal Trade Commission Privacy Principles
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***Choice is about obtaining the customer’s consent before using the information for a purpose other than the purpose for which it was collected (i.e., secondary uses).***
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2-4.2 Office of Management and Budget Privacy Guidelines
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OMB emphasizes the Privacy Act and its role in new technologies. OMB gives particular attention to certain technologies on agency Web sites, including Web analysis tools such as cookies, and requires notice and agency head approval for their use.
2-5 Postal Service Policies
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2-5.1 Customer Privacy Policy
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2-5.3 Supplier Policy
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Suppliers and business partners must adhere to the Postal Service privacy policies if they have access to customer, employee, or other individuals’ information; help to build or operate a Postal Service Web site; or conduct a marketing e-mail campaign. The contracts and agreements, whether or not covered by Postal Service purchasing regulations, must include an appropriate privacy clause(s). Reference purchasing regulations at 39 CFR Section 601. To reference purchasing guidelines and privacy protection clause 1-1 go to http://www.usps.com/cpim/manuals/pm/pm.htm.
2-5.4 Monitoring of Postal Service Equipment
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The Postal Service reserves the right to access and monitor computer use and information contained in or passing through its information resources, including the contents of all messages sent over its electronic messaging systems. The Corporate Information Security Office and the Privacy Office have established policies and procedures to conduct monitoring, which are contained in MI AS-870-2006-1, Electronic Messaging (E-mail).
3 Privacy Procedures
3-1 General
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3-2 Collecting Information From Customers, Employees, or Other Individuals
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3-2.2 Privacy Notice
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c. How to Provide Privacy Notice. Exhibit 3-2.2, Procedures to Provide a Privacy Notice, describes how to provide a privacy notice, if required under section 3-2.2a., at different points where information is collected from customers, employees, or other individuals.
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Exhibit 3-2.2 Procedures to Provide a Privacy Notice
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3-2.3 Customer Choice
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Exhibit 3-2.3, Procedures to Provide Choice, provides procedures on how to provide choice at different points where information is collected from a customer.
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Exhibit 3-2.3 Procedures to Provide Choice
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3-3 Managing Information Relating to Customers, Employees, or Other Individuals
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3-3.4 Privacy Impact Assessments and Security
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***Completed BIAs must be submitted to the CPO and the manager of the Corporate Information Security Office.***
3-4 Requests by Customers, Employees, or Other Individuals for Information About Themselves
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3-4.1 Requests to Access Information
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(2) Where to direct the request. Direct the request to the records custodian, if known, or to the manager of the Records Office, at the address in section 1-4.2.5. Direct requests for records maintained by the Postal Inspection Service or the Office of Inspector General to the addresses in sections 1-4.2.12 and 1-4.2.13. Employee requests to review or copy a record should be made to the installation where the record is kept. Employees requesting retired official personnel folders (OPFs) may direct the request to any office and specify the installation where review is desired. Headquarters employees should direct requests to:
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Forward requests for a retired OPF to the installation indicated by the requester, or as determined by the custodian to the nearest postal facility. The custodian at the installation where the review is to take place must determine if the information is releasable under section 3-4.1b(6). If releasable, the custodian can obtain the OPF by sending an SF 127, Request for Official Personnel Folder, to:
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When the custodian receives the OPF, the custodian must notify the requester that the information is available for review. After the requester reviews the OPF and there is a need for further review, the custodian may keep the files at the designated facility for a maximum of 30 days. If there is no further need to retain the files, the custodian must return the OPF by Registered Mail™ to the National Personnel Records Center.
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***See section 3-5.5; see also 39 CFR. 266.6(b)(4).
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3-4.3 Appeals and Customer Redress
[In 3-4.3b, revise “section 1-4.2.3” to read “section 1–4.2.4”.]
3-4.4 Fees
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***The Postal Service does not charge for requests if fees do not exceed $10.
3-5 Disclosing Customer, Employee, or Other Individuals’ Information to Third Parties
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3-5.3 External Disclosures
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[Revise 3-5.3d text to read as follows:]
d. Information That Is Publicly Available. Certain information relating to employees may be released. See subchapter 5-2(b). For information relating to the public, such as business change of address, permit holders, and other information, see subchapter 4-4.
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3-5.5 Accounting of Disclosures
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(1) Publicly available information. See subchapter 4–4.
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(3) Information disclosed to the individual to whom the information pertains.
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d. Disclosure Formats. There are four formats for an accounting of disclosures:
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(2) Official Personnel Folders. Use PS Form 6100-B, OPF Disclosure Accounting Form, to account for disclosures of information in OPFs to law enforcement officials. Use PS Form 6100-A, OPF Disclosure Accounting Form, to account for all other disclosures. For OPFs converted to electronic Official Personnel Folder (eOPF), a system-generated accounting of disclosures may be used in lieu of PS Form 6100-A or PS Form 6100-B.
3-6 Operating a Customer Web Site
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Web sites used by customers, regardless of whether they collect customer information, must comply with the customer privacy policy on usps.com, including with regard to use of Web analysis tools such as cookies or Web beacons. If the Web site provides links to external Web sites, follow the procedures in MI AS-610-2001-6, Web Site Affiliation Program.
3-7 Sending Marketing E-mail
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***Managers or employees intending to send a marketing e-mail must follow the procedures for notice and choice in Exhibits 3-2.2 and 3-2.3.***
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3-8 Entering Into a Contract or Business Agreement
Suppliers and business partners with access to information relating to customers, employees, or individuals, or that help to build or operate a Web site or conduct a marketing e-mail campaign, must adhere to Postal Service privacy policies. Contracts and agreements, whether or not covered by Postal Service purchasing regulations, must include privacy clause(s). For procedures to ensure the appropriate clause is included, reference the purchasing regulations at 39 CFR Part 601, purchasing guidelines at http://www.usps.com/cpim/manuals/pm/pm.htm, and Privacy Clause 1-1. Consult the Privacy Office, Supply Management, or appropriate counsel as needed.
3-9 Computer Matching Programs
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A computer matching program is any computerized comparison of a Postal Service automated system of records with an automated system of another agency or an internal system. When using computer matching programs, the Postal Service must comply with Privacy Act requirements. The Postal Service Data Integrity Board is responsible for the review and approval of all Postal Service computer matching activities. The records office manages the process. All proposals, whether from Postal Service organizations or other government agencies, must be submitted to the Records Office at the address in section 1-4.2.5. Submit proposals at least 3 months in advance of the anticipated starting date to allow time for review and publication requirements. See MI AS 350-2007–1, Computer Matching Programs.
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4 Freedom of Information Act Procedures
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4-2 How to Make a Freedom of Information Act Request
4-2.1 Format and Content
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A FOIA request must be in writing, be a request for records, and bear the caption “Freedom of Information Act Request.” Other requests for information are considered informal requests, and should still be processed in accordance with this handbook.
A requester should include the following information in a FOIA request:
a. The requester’s name, mailing address, and daytime telephone number.
b. A reasonable description of the records sufficient to permit the custodian to locate them with a reasonable amount of effort, and a description of any desired formats to receive the records.
c. If seeking information about a company, the exact name and address of the company (many companies use similar names).
d. The maximum amount of fees the requester is willing to pay without prior notice. If no amount is stated, the requester is deemed willing to pay fees up to $25.
e. The requester is not required to provide reasons for the request. However, because some or all of the requested records may be exempt from disclosure, the requester may state any reason(s) he or she believes the record should be disclosed.
If necessary, the custodian may ask the requester for more information.
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4-2.3 Requests for Fee Waivers
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The requester may ask that fees or the advance payment of fees be waived in whole or in part. See parts 4-6.3 and 4–6.6.
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4-2.4 Where to Direct Freedom of Information Act Requests
Requesters should direct FOIA requests to the appropriate FOIA Requester Service Center (RSC) as follows:
a. U.S. Postal Service Records and Employee Listings. FOIA requests for U.S. Postal Service records and employee listings must be directed to:
MANAGER RECORDS OFFICE
US POSTAL SERVICE
475 L’ENFANT PLZ SW RM 5821
WASHINGTON DC 20260
Fax: 202-268-5353
b. Inspection Service Records. FOIA requests for Inspection Service records must be directed to:
OFFICE OF COUNSEL
US POSTAL INSPECTION SERVICE
1735 N LYNN ST 4TH FL
ARLINGTON VA 22209
Fax: 703-292-4083
c. Inspector General Records. FOIA requests for Inspector General records must be directed to:
OFFICE OF INSPECTOR GENERAL
US POSTAL SERVICE
1735 N LYNN ST STE 10000
ARLINGTON VA 22209
Fax: 703-248-4626
e-mail: foia@uspsoig.gov
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4-3 How to Process a Freedom of Information Act Request
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Exhibit 4-3
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FOIA Processing Checklist for Custodians
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1. Read the request carefully. If the request is so vague or overly broad that you are unable to understand what records are being sought, ask the requester to give a “reasonable description” (see section 4-2.1 and 4-3.3). A request does not necessarily fail the “reasonable description” requirement just because it is burdensome.
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7. Complete PS Form 8170, Freedom of Information Act and Privacy Act Request Report. If your organization processes a request received directly from the requester, you must complete PS Form 8170 and send it to the office indicated in section 4–8.2. If the Records Office refers a request to you, a PS Form 8170 will be included with the referral. Return this form, along with a copy of the response, to the Records Office after processing the FOIA request.
8. Retain records. Retain FOIA correspondence and record of all documents provided or denied for a period of 6 years from the end of the fiscal year in which the final response occurs.
4-3.2 Requests That Are Insufficient, Misdirected, or for Records That Do Not Exist
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If a custodian cannot locate a record based on the information furnished, the custodian must do the following:
a. For insufficient requests, allow the requester to submit more information to describe the record. If feasible, the custodian should confer with the requester to clarify the request.
b. If there are no responsive records, notify the requester. Custodians are not required to create records in order to respond to requests.
Employees should forward misdirected requests to the appropriate FOIA RSC and notify the requester that the request has been forwarded.
4-3.3 Searches
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***The cut-off date for records to be included as responsive to a FOIA request is the date the search for records begins. Custodians may extend the cut-off date at their discretion. There is no requirement under the FOIA to make automatic releases of records as they are created.
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4-3.5 Withholding Records
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4-3.6 Appeal Rights
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a. Letters denying FOIA requests must include language such as the following:
“You have the right to appeal this response by writing to the Chief Counsel, Customer Programs, United States Postal Service, 475 L’Enfant Plaza SW, Room 6138, Washington DC 20260, within 30 days of the date of this letter. The letter of appeal should include a statement about the action or failure to act being appealed, the reasons why it is believed to be erroneous, and the relief sought, along with copies of your original request, this letter, and any other related correspondence.”
b. Letters denying requests for Inspector General records should use the same language as above but indicate that the appeal should be made to the address in section 1-4.2.13.
4-3.7 Time Limits
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***By mutual agreement and within the initial 20-day response period, the custodian and the requester may establish a different response period. Confirm agreement with the requester in writing.
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4-4 Records Available to the Public
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4-4.1 Reading Rooms
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b. Electronic Reading Room. The FOIA electronic reading room indexes information routinely available to the public, including material contained in the public reading room, as well as records previously released under FOIA that have been the subject of multiple requests. The electronic reading room may be accessed at http://www.usps.com/foia/readroom/welcome.htm. The Office of Inspector General reading room may be accessed at http://www.uspsoig.gov/reading_room.cfm.
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4-4.4 Postage Evidencing System User Data
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POSTAGE TECHNOLOGY MANAGEMENT
US POSTAL SERVICE
475 L’EFANT PLZ SW RM 4200 NB WASHINGTON DC 20260
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4-5 Records That May Be Withheld From Disclosure
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The FOIA (5 USC 552(b)(1–9) provides nine exemptions under which records or portions of records may be withheld from public disclosure. A custodian may disclose exempt information as a matter of discretion if that disclosure is not prohibited by law and would not cause any foreseeable harm. The nine exemptions and records covered under each are listed in sections 4-5.1 through 4–5.9.
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4-5.1 Exemption 1 (5 USC 552(b)(1) — National Defense and Foreign Relations
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4-5.2 Exemption 2 (5 USC 552(b)(2) — Personnel Rules and Practices
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4-5.3 Exemption 3 (5 USC 552(b)(3) — Federal Law
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Exemption 3 applies to information that is exempt from disclosure under another federal statute. Examples include the Postal Reorganization Act and 39 U.S.C. 410(c) and 412. The table below lists the statutes and a brief description of the type(s) of information withheld under each statute most frequently relied upon by the Postal Service. Other statutes may apply.
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Exhibit 4-5 Exemption 3 Statutes
Exempting Statute
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Type of Information Covered
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39 U.S.C. 410(c)(1)
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Permits the withholding of the name or address, past or present, of any Postal Service customer.
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39 U.S.C. 410(c)(2)
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Information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be disclosed.
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Examples:
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- On request, information of a general nature (e.g., an outline of the geographic area served by a particular rural route, the route numbers and number of boxholders or families on each rural route and highway contract route, and the number of families or businesses served within the total delivery area) may be disclosed. Do not disclose detailed information or use Postal Service route maps for this purpose. A map provided by the requester may be marked with the general information. Disclosure is a matter of local discretion when it is determined that to do so would not interfere with Postal Service operations.
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39 U.S.C. 410(c)(3)
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Information prepared for use in the negotiation of collective bargaining agreements under 39 U.S.C. Chapter 12 and minutes or notes kept during the negotiating sessions.
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39 U.S.C. 410(c)(4)
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Information prepared for proceedings under 39 U.S.C. Chapter 36, relating to rates, classification, and service changes.
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39 U.S.C. 410(c)(5)
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Reports and memoranda of consultants or independent contractors, except to the extent that they would be required to be disclosed if prepared within the Postal Service.
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39 U.S.C. 410(c)(6)
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Investigatory files, whether or not considered closed, compiled for law enforcement purposes, except to the extent available by law to a party other than the Postal Service.
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39 U.S.C. 412
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Prohibits the disclosure of mailing lists or other lists of names or addresses (past or present) of Postal Service customers or other persons to the public by any means or for any purpose.
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18 U.S.C. 1461
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Records concerning nonmailable matter.
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18 U.S.C. 2510-2520
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Records relating to wiretap requests and information.
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Federal Rules of Criminal Procedure-Rule 6(e)
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Grand jury information.
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Inspector General Act of 1978, Section 7(b)
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Confidentiality of employee complaint information.
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4-5.4 Exemption 4 (5 USC 552(b)(4) — Trade Secrets and Privileged Information
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4-5.5 Exemption 5 (5 USC 552(b)(5) — Internal or Interagency Information
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4-5.6 Exemption 6 (5 USC 552(b)(6) — Personal Information
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4-5.7 Exemption 7 (5 USC 552(b)(7) — Law Enforcement Records
The following applies to law enforcement records.
[Revise 4-5.7a to read as follows:]
a. General. Exemption 7 applies to records compiled for law enforcement purposes but only to the extent that providing these records:
1) Exemption 7(A) — Could reasonably be expected to interfere with enforcement proceedings.
2) Exemption 7(B) — Would deprive a person of a right to a fair trial or impartial adjudication.
3) Exemption 7(C) — Could reasonably be expected to constitute an unwarranted invasion of personal privacy.
4) Exemption 7(D) — Could reasonably be expected to disclose the identity of a confidential source.
5) Exemption 7(E) — Would disclose techniques, procedures, and guidelines used in law enforcement investigations or prosecutions, if the disclosure could reasonably be expected to risk circumvention of the law.
6) Exemption 7(F) — Could reasonably be expected to endanger the life or physical safety of any individual.
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4-5.8 Exemption 8 (5 USC 552(b)(8) — Financial Institutions
[Revise 4-5.8 to read as follows:]
Exemption 8 applies to information relating to the regulation or supervision of financial institutions and rarely, if ever applies to Postal Service Records.
4-5.9 Exemption 9 (5 USC 552(b)(9) — Geological Information
[Revise 4-5.9 to read as follows:]
Exemption 9 applies to geological information on wells and rarely, if ever applies to Postal Service Records.
4-6 Fees
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4-6.5 How to Assess Fees
[Revise 4-6.5c to read as follows:]
c. Fees for Computer Searches. Computer search fees are based on the computer processing and personnel salary rates in the table below. For the “other requester” category, fees should begin to be assessed when the combined cost of computer processing and personnel salaries exceeds the value of 2 salary hours for the level of personnel involved. For example, fees should be assessed when costs exceed $400 for IT specialist time, $200 for system or database administrator time, or $120 for operator time.
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4-7 Appeals
4-7.1 General
[Revise the introductory text of 4-7.1 to read as follows:]
Requesters may appeal decisions to the chief counsel of Customer Programs, at the address in section 1-4.2.11. A requester may appeal any of the following:
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4-8 Reporting
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4-8.1 General
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[Revise 4-8.1c to read as follows:]
c. Requests from a union, unless the request specifically cites the FOIA or includes the written consent of the records subject authorizing the Postal Service to release records to the union representative.
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4-8.2 Submissions
[Revise 4-8.2 to read as follows:]
FOIA coordinators must submit completed PS Form 8170 to the HQ FOIA RSC. Records custodians must submit completed PS Form 8170 to the appropriate FOIA coordinator as follows:
4-8.3 FOIA Annual Report
[Revise 4-8.3 to read as follows:]
The Records Office manager submits a report concerning the administration of the FOIA to the Attorney General of the United States annually. The report is available to the public at http://www.usps.com/foia/annualreports/welcome.htm.
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— Privacy Office,
Consumer Advocate, 12-20-07
