C.F.R. » Title 49 » PART 7—PUBLIC AVAILABILITY OF INFORMATION › Subpart C—Availability of Reasonably Described Records Under the Freedom of Information Act

49 C.F.R. § 7.25

How does DOT handle first-party requests?

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) DOT processes FOIA requests from first-party requesters in accordance with this regulation. DOT also processes such requests in accordance with the Privacy Act (5 U.S.C. 552a) if the records reside in a Privacy Act system of records (defined in 5 U.S.C. 552a(a)(5) as a system from which information is retrieved by the individual's name or some other personal identifier). Whichever statute provides greater access is controlling.

(b) First party requesters must establish their identity to DOT's satisfaction before DOT will process the request under the Privacy Act. DOT may request that first party requesters authenticate their identity to assist with our evaluation of the application of FOIA exemptions, such as FOIA Exemption 6, 5 U.S.C. 552(b)(6), to the requested records. Acceptable methods of authenticating the requester's identity include those outlined in DOT's Privacy Act regulations at 49 CFR 10.37.

Notes of Decisions
Cited in 2 cases, 2018–2018 · leading case: Kearns v. Fed. Aviation Admin., 312 F. Supp. 3d 97 (D.C. Cir. 2018).
Sort: Relevance Newest Treatment
Kearns v. Fed. Aviation Admin., 312 F. Supp. 3d 97 (D.C. Cir. 2018). “, ¶ 46 (citing 49 C.F.R. § 7.25 (a) ). *108 While Kearns correctly cites the DOT regulation, he errs with respect to its application in this case.”
Kearns v. Fed. Aviation Admin. (D.D.C. 2018). “According to Plaintiff, the Agency violated “its own implementing regulations” by failing to process his request under the Privacy Act – a proposition he supports via citation to a Department of Transportation regulation stating that “first-party FOIA requests” are “also…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.