May 2016

Pursuant to the E-Government Act of 2002, federal agencies are required to conduct Privacy Impact Assessments (PIA) for electronic information systems and collections and, in general, make them publicly available “through the website of the agency, publication in the Federal Register, or other means.” The PIA is an analysis of how information is handled “(a) to ensure handling conforms to applicable legal, regulatory, and policy requirements regarding privacy, (b) to determine the risks and effects of collecting, maintaining and disseminating information in identifiable form in an electroni

Table of Contents:

1. Freedom of Information Act
   1. What is FOIA?
   2. What Records Does FinCEN Maintain?
   3. Filing a FOIA Request
   4. Processing a FOIA Request
   5. Appeals
   6. Sample FOIA Let

Electronic Reading Room

In compliance with the 1996 E-FOIA Amendments, FinCEN makes certain records created after November 1, 1996, available electronically.

• Treasury-wide PA Systems of Records Inventory (August 1, 2005, at 70 FR 44178)
• Privacy Act of 1974, as Amended; System of Records Notice
  Notice of alterations of three Privacy Act systems of records (Effective May 19, 2014)

Privacy Act

The Privacy Act, 5 U.S.C. § 552a, which was passed by Congress in 1974, establishes certain controls over how Federal agencies gather, maintain, and disseminate personal information. The Privacy Act permits a person to seek access to Federal agency records pertaining to him or herself, unless the information in those records is protected by one of the Privacy Act’s ten exemptions.

Regulations

• Treasury’s FOIA Regulations
• The Freedom of Information Act (as amended by Public Law No. 110-175, 121 Stat.

FinCEN does not charge for time spent locating and reviewing Privacy Act requests; however, the same charges assessed for copying records under the FOIA will be assessed for copying documents under the Privacy Act.

The Privacy Act provides that the agency will provide access to records on individuals within our possession unless one of ten exemptions applies. The exact language of the exemptions can be found in the Privacy Act. Additional guidance on the exemptions and how they apply to certain documents can be found in FinCEN Regulations implementing the Privacy Act.

Ten Exemptions

Your Right to Federal Records 
This brochure provides basic guidance about the FOIA and the Privacy Act to assist citizens in exercising their rights.

The Financial Crimes Enforcement Network

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