C.F.R. » Title 28 » CHAPTER I—DEPARTMENT OF JUSTICE › PART 16—PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION › Subpart D—Access to and Amendment of Individual Records Pursuant to the Privacy Act of 1974, and Other Privacy Protections

28 C.F.R. § 16.49

Fees

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Components shall charge fees for duplication of records under the Privacy Act in the same way in which they charge duplication fees for responding to FOIA requests under § 16.10. No search or review fee may be charged for any record unless the record has been exempted from access pursuant to exemptions enumerated in the Privacy Act, 5 U.S.C. 552a(j)(2) or (k)(2).

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2008–2022 · leading case: Banks v. Dep't of Just., 538 F. Supp. 2d 228 (D.D.C. 2008).
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Banks v. Dep't of Just., 538 F. Supp. 2d 228 (D.D.C. 2008). “” 28 C.F.R. § 16.49 . However, “[n]o search or review fee may be charged for any record unless the record has been exempted from access under Exemptions (j)(2) or (k)(2) of the Privacy Act.”
Bernegger v. Exec. Off. of U.S. Attorneys (D.D.C. 2022). “See 28 C.F.R. § 16.49 . Indeed, because the Privacy Act regulations simply incorporate the FOIA rules relating to “duplication fees,” id.”
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