SAMPLE
LETTER E
DENIED
IN PART
NOTE TO PREPARER: There are instances when you will only release
part of the information sought by a requester.
In such instances, you are encouraged to delineate
what information is being withheld.
For example, when claiming a (b)(6) exemption, you may want to provide
examples of the kinds of information being withheld (i.e., under 5 U.S.C.
552(b)(6), we have withheld the social security numbers and dates of birth of
other individuals since release would constitute a clearly unwarranted
invasion of their personal privacy).
Such delineation may satisfy the requester and thus eliminate an
unnecessary appeal.
Partial denial letters require the signature of
your Initial Denial Authority (IDA).
Dear [MR/MS/MRS
________]:
This responds to your Freedom of Information Act (FOIA)
request of [DATE OF REQUEST LETTER] in
which you seek [RESTATEMENT OF WHAT
REQUESTER IS SEEKING]. Your
request was received by this office on [DATE
REQUEST RECEIVED] and assigned file number [FILE NUMBER].
IF REQUEST FOES NOT
DELINEATE DATE/TIME FRAME OF DOCUMENTS OR SEARCH TO BE UNDERTAKEN, THEN ADD
THIS PARAGRAPH:
Please be advised that, pursuant to procedures established
in Secretary of the Navy Instruction (SECNAVINST) 5720.42F, our search for
responsive records will encompass only those records in existence as of [DATE REQUEST RECEIVED OR DATE REQUEST
PROCESSING COMPLETED].
IF DOCUMENTS ARE
NOT CENTRALLY LOCATED, YOU MAY WISH TO DEFINE THE AREA OF SEARCH:
During our search, we examined the files maintained by [IDENTITY OF SEARCH LOCATION(S)] and
identified [DESCRIPTION OF RESPONSIVE
DOCUMENT(S)] as responsive to your request. Review of the identified (document/documents) reveals that
(it/they) (is/are) partially exempt from disclosure under exemption [EXEMPTION PROVISION] of the FOIA
since (it/they) (contain/contains) [DESCRIPTION
OF KIND OF INFORMATION BEING DENIED] which, if disclosed, would [DESCRIBE HARM]. A copy of all releasable portions is
enclosed.
[INSERT APPLICABLE
FEE LANGUAGE]
Option 1 (no fees involved):
Fees associated with the processing of your request are
waived in this instance.
Option 2 (fees incurred, but total
less than $250.00):
Fees incurred during the processing of your request amount
to [INSERT FEE AMOUNT], for search
[INSERT SEARCH AMOUNT] and review [INSERT REVIEW FEE AMOUNT, if applicable]. For the enclosed material, please remit a
check or money order, payable to the Treasurer of the United States, for the
stated amount, to this office within 30 calendar days from the date of this
correspondence.
Option 3 (fees
required in advance -- over $250.00 or poor payment history):
Fees incurred during the processing of your request amount
to [INSERT FEE AMOUNT], for search
[INSERT SEARCH AMOUNT], review [INSERT REVIEW FEE AMOUNT, if applicable],
and reproduction [INSERT REPRODUCTION
FEE AMOUNT]. Please forward a
check or money order, payable to the Treasurer of the United States, for the
stated amount, to this office within 30 calendar days from the date of this
correspondence.
Upon receipt of payment, we will forward the releasable
portions of the requested documents.
If, however, we do not hear from you within 30 calendar days from the
date of this correspondence, we will administratively close this request file
with no further action required.
Option 4 (examination of records):
The releasable portions of the documents you seek are
available for examination. Please
contact [NAME OF POC] at [PHONE NUMBER OF POC] to arrange a
time and place for this examination.
Because your request has been denied in part, you are
advised of your right to appeal this determination, in writing, to [SELECT ONE OF THE FOLLOWING APPELLATE AUTHORITIES].
FOR
BUSINESS/COMMERCIAL LAW AND CIVILIAN PERSONNEL LAW ISSUES: General Counsel of the Navy, 720 Kennon Street SE,
Room 214, Washington Navy Yard, DC
20374-5012; or
FOR MILITARY LAW AND ALL MATTERS OTHER THAN THOSE FALLING UNDER THE
COGNIZANCE OF GENERAL COUNSEL: Judge
Advocate General of the Navy (Code 14), 1322 Patterson Avenue SE, Suite 3000,
Washington Navy Yard, DC 20374-5066.
Your appeal
must be postmarked within 60 calendar days from the date of this letter to be
considered. A statement as to why
your appeal should be granted should be included and the enclosed copy of
this letter should be attached. Both
the appeal letter and the envelope should bear the notation, "Freedom of
Information Act Appeal."
Any questions
concerning this matter should be directed to
[ACTION OFFICER'S NAME AND CODE] at
[ACTION OFFICER'S TELEPHONE NUMBER].
I am the
official responsible for the partial denial of your request.
Sincerely,
SIGNATURE
(Must be
signed by an IDA)
List the enclosures
1-202-685-6545