U.S. Customs and Border Protection · CROSS Database
eleased and others, or portions thereof, were withheld pursuant to Exemptions (b)(2), (b)(7)(C) and (b)(7)(D) of the FOIA (5 U.S.C. 552(b)(2), (b)(7)(C) and (b)(7)(D)). You state in your appeal that you believe the documents provided to you to be incomplete.
HQ 585735 May 20, 1999 DIS-3 RR:IT:DL 585735 DLD Edith Schmidt 8591 Willow Grove Way Sacramento, CA 95828 Dear Mrs. Schmidt: This is in response to your letter of February 25, 1999, in which you appeal the partial denial of your Freedom of Information Act (FOIA, 5 U.S.C. 552) request of March 20, 1998, for background investigation records pertaining to yourself. On January 26, 1999, the Supervisory Personnel Security Specialist, Personnel Security Branch, Security Programs Division issued a partial denial of your request. Some records were released and others, or portions thereof, were withheld pursuant to Exemptions (b)(2), (b)(7)(C) and (b)(7)(D) of the FOIA (5 U.S.C. 552(b)(2), (b)(7)(C) and (b)(7)(D)). You state in your appeal that you believe the documents provided to you to be incomplete. We have carefully examined the records and compared those in the file with those released to you, which you included with your appeal letter. We found six pages of documents which were not included with your appeal and which we are releasing to you in their entirety. We affirm the determination of January 26, 1999, by the Supervisory Personnel Security Specialist that the remainder of the documents were properly withheld in their entirety. We also affirm that the redactions made in the documents released to you were appropriate and nothing more can be given out. FOIA Exemption (b)(2) was employed in the initial release to withhold case and file numbers and other administrative markings which pertain to the administrative practices of the agency and do not pertain to you. It was also employed to withhold information, the disclosure of which would reveal investigative practices, which, if disclosed, would assist violators and potential violators in circumventing the laws and regulations, avoiding detection and evading apprehension (5 U.S.C. 552 (b)(2)). Exemption (b)(7)(C) of the FOIA permits the withholding of information compiled for law enforcement purposes, the disclosure of which could reasonably be expected to constitute an unwarranted invasion of personal privacy (5 U.S.C. 552(b)(7)(C)). The names of Customs officers and other third parties were redacted to preserve their personal privacy. Exemption (b)(7)(D) of the FOIA pertains to information compiled for law enforcement purposes to the extent that the production of such information could reasonably be expected to disclose the identity of a confidential source, or any private institution which furnished information on a confidential basis (5 U.S.C. 552(b)(7)(D)). You may obtain judicial review of this decision pursuant to the provisions of 5 U.S.C. 552(a)(4)(B) in the United States District Court in the District in which you reside or have a principal place of business, or in which the agency records are situated, or in the United States District Court for the District of Columbia. Sincerely, Lee H. Kramer, FOIA Appeals Officer Disclosure Law Branch Enclosures