Friday, January 23, 2009

Rejection

Another FOIA rejection came in. But...I am going to appeal this one all the way. I probably should mention, I filed the FOIA request with the NSA so I wasn't surprised by their response. 


Wish me luck.

2 comments:

Megan said...

Good luck! Yup, NSA is pretty tight-fisted with their stuff so I'm not surprised there. I haven't been able to organize my own requests (guilt... guilt... guilt) but hope to be in a place where I can knuckle down and get them all out there in a few weeks - will let you know.

Susie Dow said...

Thank you!

I've spent the last several days preparing an appeal to what's known as a 'Glomar response.'

We have determined that the fact of the existence or non-existence of the materials you request is a currently and properly classified matter in accordance with Executive Order 12958, as amended.

I probably should have filed a Mandatory Declassification Review first. But an FOIA allows me the option to pursue the matter in court - which I'm currently looking into.

Ideally, the NSA will decide to choose a more positive option.

Section 3.1(b) of Executive Order 12958 provides that, in some exceptional cases, the need to protect classified information may be outweighed by the public interest in disclosure of the information.