Note: The U.S. Cyber Command FOIA-Privacy Act Office will be minimally manned or closed due to COVID-19. We anticipate delays in processing your FOIA-Privacy Act request during this time. Thank you for your patience.
Freedom of Information Act (FOIA)
The FOIA, 5 U.S.C. 552, is a law that establishes the public’s right to request records from federal government agencies. The FOIA provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that they are protected from disclosure by law. A FOIA request may be filed by any person, including any member of the public (U.S. or foreign citizen/entity), an organization, or a business, but not including a Federal Agency or a fugitive from the law, DoD Directive (DoDD) 5400.07.
U.S. Cyber Command FOIA Program is governed by Department of Defense (DoD) Manual 5400.07. This manual supplements 32 C.F.R. 286 and incorporates the provisions of the OPEN Government Act of 2007 (P.L. 110-175) and the FOIA Improvement Act of 2016 (P.L. 114-185). The U.S. Cyber Command Freedom of Information Act (FOIA) & Privacy Act (PA) Requester Service Center (RSC) was established to comply with Executive Order 13392.
Privacy Act (PA)
The Privacy Act of 1974, as amended at 5 U.S.C. 552a, protects records that are retrieved by personal identifiers such as a name, social security number or other identifying number or symbol. An individual is entitled to access to his or her records and to request correction of these records if applicable. As with the Freedom of Information Act (FOIA), the Privacy Act (PA) binds only Federal agencies and covers only records in the possession and control of Federal agencies.
A Privacy Act (PA) Request is one in which a United States citizen or Legal Permanent Resident may seek to access, correct, or amend records that are retrieved by name or other personal identifier, such as one's social security number (SSN), contained within the systems-of-records that you seek records from. See 32 C.F.R. O
As your FOIA request may be similar to previous requests approved for release, please review the Reading Room section of this web page to determine if the information you are requesting is already posted.
Frequently Asked Questions
Q. What are my rights under FOIA?
- You have the right to request records under the Freedom of Information Act.
- You have the right to appeal any denial of records under the Freedom of Information Act.
- You have the right to request a "fee waiver" if you can demonstrate that the requested record(s) is in the public interest and not primarily in the commercial interest of the requester.
- Under Executive Order 13526, you have the right to request a review of specific documents for declassification and release to the public.
Q. Does the United States Cyber Command control the process to request records from before it elevated as a Unified Combatant Command?
Yes. Requests for records that were created prior to the command's elevation on May 4, 2018, are handled by the U.S. Cyber Command FOIA Requester Service Center.
Q. Does the U.S. Cyber Command maintain centrally located files?
No. Files are maintained in offices having functional responsibility for the type of record being requested. Consequently, an accurate and specific definition of records requested is very helpful to process the request in a timely manner.
Q. May I submit questions as a FOIA or Privacy Act request?
Federal Agencies are not required to answer questions, render opinions, or provide subjective evaluations. A record must exist and be in possession and control of the DoD at the time the FOIA request is received. Federal Agencies are not required to create records in response to a FOIA request.
Q. As a member of the military (active or reserve) or as a Federal Government Civilian Employee, may I use Government facilities to submit a FOIA or Privacy Act request?
No. FOIA and/or Privacy Act requests are a personal matter. As such you may not use federal government time, equipment or facilities. Moreover, FOIA excludes federal agencies from its definition of persons permitted to make FOIA requests, see 5 U.S.C. § 552(a)(3)(A) and 5 U.S.C. § 551(2). To avoid confusion as to whether employees are requesting information through FOIA and/or PA in their personal or official capacities, it is the preference of the U.S. Cyber Command FOIA/PA Office that employees submitting FOIA and/or PA requests do so using their personal email accounts instead of their official email accounts. Additionally, since use agency letterhead is generally limited to official agency business, it is the preference of t the U.S. Cyber Command FOIA/PA Office that employees refrain from submitting FOIA and/or requests on agency letterhead.
Q. To whom do I address any questions concerning the status of my FOIA or Privacy Act Request?
For requests pertaining to the U.S. Cyber Command records, contact or send your inquiry to the U.S. Cyber Command FOIA-PA Requester Service Center.
Q. Are there fees associated with filing a FOIA or Privacy Act request?
Yes, for certain designated groups there are fees associated, but for others the fees can be waived. For more information about how much your FOIA request might cost, download a fee sheet here.
DoD FOIA Information and Contact
The Department of Defense (DoD) Freedom of Information Act Handbook can be found here. This document provides basic information about the Freedom of Information Act (FOIA) Program within the Department of Defense (DoD).
- DoD’s FOIA Annual Reports to the Attorney General can be found here.
- The FY2020 Annual Report to the Department of Justice can be found here.
- The Annual DoD Chief FOIA Officer's Reports can be found here.
U.S. Cyber Command FOIA-PA Contact Information
This FOIA-PA RSC is the initial point of contact for FOIA requesters to receive status, updates and appropriate information about their requests and is also responsible for processing requests for information from the following U.S. Cyber Command components: Cyber National Mission Force; Joint Force Headquarters-Cyber (JFHQ-C); JFHQ-Department of Defense Information Networks (DODIN); and any standing Joint Task Forces (JTF).
Any requesters who have concerns about the service they are receiving from the U.S. Cyber Command can contact OSD/JS FOIA Public Liaison, Tonya R. Fuentes, at 571-372-0462 or by email at OSD.FOIALiaison@mail.mil
U.S. Postal Mailing Address:
USCYBERCOM/J0 FOIA-PA Requester Service Center
9800 Savage Rd.,
Fort George G. Meade, MD 20755
Telephone: (301) 688-3585
Fax: (443) 654-4778