ADMINISTRATIVE APPEALS

During 1977, there were 2,261 new administrative appeals received by the Office of Privacy and Information Appeals and 2,400 were closed, of which 1622 involved decisions on appeals seeking access to records. With a pending caseload at the beginning of the year of 1,135, the load at the end of the year was 996 cases.

The breakdown of the 2,400 appeals closings is as follows:

- Reversed 38
- Modified 73
- Affirmed 444
- Modified Action Affirmed 1,067(1)
- Miscellaneous 778(2)

 

The statutory provisions on the basis of which denials of access were predicated at the administrative appeals level are as follows:

5 U.S.C. § 552(b)(1) 307
5 U.S.C. § 552(b)(2) 364
5 U.S.C. § 552(b)(3) 80
5 U.S.C. § 552(b)(4) 6
5 U.S.C. § 552(b)(5) 288
5 U.S.C. § 552(b)(6) 134
5 U.S.C. § 552(b)(7)(A) 136
5 U.S.C. § 552(b)(7)(B) 3
5 U.S.C. § 552(b)(7)(C) 1,088
5 U.S.C. § 552(b)(7)(D) 1,002
5 U.S.C. § 552(b)(7)(E) 263
5 U.S.C. § 552(b)(7)(F) 104
5 U.S.C. § 552(b)(8) 3
5 U.S.C. § 552a(d)(5) 5
5 U.S.C. § 552a(k)(1) 18
5 U.S.C. § 552a(k)(2) 12
5 U.S.C. § 552a(k)(5) 104
5 U.S.C. § 552a(j)(2) 14
5 U.S.C. § 551(1)(B) 81

The final actions on the 1,622 administrative appeals involving continued denials of access to requested records were taken by the following officials:
 

Deputy Attorney General Harold R. Tyler, Jr. 39
Acting Deputy Attorney General Rudolph W. Giuliani 58
Acting Deputy Attorney General Richard Thornburgh 79
Attorney General Griffin B. Bell 2
Acting Attorney General Michael J. Egan 1
Deputy Attorney General Peter F. Flaherty 321
Deputy Attorney General Peter F. Flaherty
by Quinlin J. Shea, Jr., Director, Office of Privacy and Information Appeals		 893
Acting Deputy Attorney General Benjamin R. Civiletti 34
Acting Deputy Attorney General Benjamin R. Civiletti
by Quinlin J. Shea, Jr.		 98
Quinlin J. Shea, Jr., Director, Office of Privacy and Information Appeals 97

All miscellaneous closings were effected the Director of the Office of Privacy and Information Appeals, either in his own name or for the Deputy Attorney General or the Deputy Attorney General.




**** footnotes ****

1 These represent modifications of initial actions arrived at in the course of the appeals process, by agreement between the component and the appeals office.

2 These include actions on appeals seeking fee waivers, expungement of records, or that components be directed to expedite the processing of initial requests, as well as appeals from "no records" responses by components or from the failure of a component to respond within the time limits mandated by the Act. It also includes appeals that are withdrawn before a final action is taken on them.


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