Implementing the Freedom of Information Act and Privacy Act for the Office of the National Cyber Director
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The Office of the National Cyber Director (ONCD), established under the National Defense Authorization Act for Fiscal Year 2021, is issuing its inaugural regulations implementing both the Freedom of Information Act (FOIA) and the Privacy Act. This marks the first time ONCD has formally codified its procedures for handling public records requests and personal data disclosures. The proposed rule establishes the administrative framework governing how ONCD will receive, process, track, and respond to FOIA requests from the public, media, researchers, and other entities. It defines timelines, fee structures, exemptions, and appeal procedures consistent with the broader FOIA statutory requirements. The regulations also address Privacy Act compliance, outlining how ONCD manages personally identifiable information (PII) held in its systems of records, including individuals' rights to access, amend, and request accounting of disclosures of their records. By formalizing these procedures, ONCD affirms its commitment to government transparency and accountability, ensuring the public can effectively exercise its statutory rights to access federal agency records and protect personal information held by the office.
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Key Changes
- ONCD formally establishes for the first time its internal FOIA request processing procedures, including submission, tracking, and response workflows
- Defines specific timelines for responding to FOIA requests in line with the statutory 20-business-day standard
- Establishes fee schedules and fee waiver criteria for FOIA requesters (e.g., media, educational institutions, commercial entities)
+ 3 more changes with Pro
Obligations
What this law requires
ONCD must establish and maintain administrative procedures for receiving, processing, tracking, and responding to FOIA requests from the public, media, researchers, and other entities
ONCD must define and implement timelines for responding to FOIA requests consistent with FOIA statutory requirements
ONCD must establish fee structures for FOIA requests in accordance with FOIA statutory requirements
ONCD must define FOIA exemptions applicable to its records and document the legal basis for each exemption
ONCD must establish and implement appeal procedures for denied or partially denied FOIA requests