Federal Bureau of Prisons

The Freedom of Information Act applies to all information and records with strictly limited exceptions. Most BOP Program Statements (policies) are included on BOP's public website. Some material in Program Statements may be "redacted" or withheld. Redacted material is indicated in the text by a bold number in brackets. The number refers to the FOIA exemption(s) used.

The following are FOIA Exemptions:

• [5 U.S.C. § 552(b)(1)]Protects classified information.
• [5 U.S.C. § 552(b)(2)]Concerns matters related solely to internal agency personnel rules or practices.
• [5 U.S.C. § 552(b)(3)]Concerns matters specifically exempted from release by statute.
• [5 U.S.C. § 552(b)(4)]Concerns trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
• [5 U.S.C. § 552(b)(5)]Concerns certain inter- and intra-agency communications protected by the deliberative process privilege, the attorney work-product privilege, and/or the attorney-client privilege.
• [5 U.S.C. § 552(b)(6)]Concerns material the release of which would constitute a clearly unwarranted invasion of the personal privacy of third parties.
• [5 U.S.C. § 552(b)(7)(A)]Concerns records or information compiled for law enforcement purposes the release of which could reasonably be expected to interfere with enforcement proceedings.
• [5 U.S.C. § 552(b)(7)(B)]Concerns records or information compiled for law enforcement purposes the release of which would deprive a person of a right to a fair trial or an impartial adjudication.
• [5 U.S.C. § 552(b)(7)(C)]Concerns records or information compiled for law enforcement purposes the release of which could reasonably be expected to constitute an unwarranted invasion of the personal privacy of third parties.
• [5 U.S.C. § 552(b)(7)(D)]Concerns records or information compiled for law enforcement purposes the release of which could reasonably be expected to disclose the identities of confidential sources and information furnished by such sources.
• [5 U.S.C. § 552(b)(7)(E)]Concerns records or information compiled for law enforcement purposes the release of which would disclose techniques and procedures for law enforcement investigations or prosecutions.
• [5 U.S.C. § 552(b)(7)(F)]Concerns records or information compiled for law enforcement purposes the release of which could reasonably be expected to endanger the life or personal safety of an individual.
• [5 U.S.C. § 552(b)(8)]Concerns matters that are "contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions."
• [5 U.S.C. § 552(b)(9)]Concerns geological and geophysical information and data, including maps, concerning wells.

FOIA Exclusions:

Congress created three special protection provisions for protecting certain especially sensitive law enforcement matters, referred to as record "exclusions." The record exclusions expressly authorize federal law enforcement agencies, under these exceptional circumstances, to "treat the records as not subject to the requirements of [the FOIA]."

"5 U.S.C. § 552(c)(1) Whenever a request is made which involves access to records described in subsection (b)(7)(A) and — (A) the investigation or proceeding involves a possible violation of criminal law; and(B) there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings, the agency may, during only such time as that circumstance continues, treat the records as not subject to the requirements of this section."

"5 U.S.C. § 552(c)(2) Whenever informant records maintained by a criminal law enforcement agency under an informant's name or personal identifier are requested by a third party according to the informant's name or personal identifier, the agency may treat the records as not subject to the requirements of this section unless the informant's status as an informant has been officially confirmed."

"5 U.S.C. § 552(c)(3) Whenever a request is made which involves access to records maintained by the Federal Bureau of Investigation pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information as provided in subsection (b)(1), the Bureau may, as long as the existence of the records remains classified information, treat the records as not subject to the requirements of this section."

The BOP is responsible for ensuring the privacy and confidentiality of the information it collects on members of the public, inmates, and its own employees. These individuals have a right to expect that BOP will collect, maintain, use, and disseminate identifiable personal information only as authorized by law and as necessary to carry out agency responsibilities.

The E-Government Act of 2002 requires that Federal agencies conduct Privacy Impact Assessments (PIAs) for applicable electronic information systems. The PIA process evaluates issues related to the privacy of personally identifiable information in electronic systems. Personally identifiable information is defined as information that actually identifies an individual, e.g., name, address, social security number (SSN), or identifying number or code; or other personal/sensitive information such as race, date of birth, home telephone number, personal e-mail address, etc.

PIAs are available for the following systems:

• Access Control and Visiting system (ACES / Web Visiting)
• Bureau Electronic Medical Records System (BEMR)
• Correspondence Tracking System (CTS)
• Bureau Forensic Mobile Device Laboratory (Forensic Lab)
• Enterprise Resource Planning System (FPI Millennium / SAP system)
• BOP vacancy and applicant system (QuickHire / HR Automation)
• Security Background Investigation System (SBIS)
• Inmate management system (SENTRY)
• Trust Fund Accounting System (TRUFACS)
• Inmate telephone system (TRUFONE)
• Trust Fund Network (TRUNET)
• Volunteer Contractor Information System (VCI)

Privacy Act Exemptions

The Privacy Act (5 U.S.C. § 552a) generally provides that any person has a right­enforceable in court-of access to federal agency records in which that person is a subject, except to the extent that such records (or portions thereof) are protected from disclosure by one of ten exemptions.

5 U.S.C. § 552a(d)(5) concerns information compiled in reasonable anticipation of a civil action proceeding.

5 U.S.C. § 552a(j)(2) concerns material reporting investigative efforts pertaining to the enforcement of criminal law, including efforts to prevent, control, or reduce crime or to apprehend criminals.

5 U.S.C. § 552a(k)(1) concerns information classified pursuant to an Executive Order in the interest of the national defense or foreign policy.

5 U.S.C. § 552a(k)(2) concerns investigative material compiled for law enforcement purposes, other than criminal, which did not result in the loss of a right, benefit, or privilege under federal programs or which would identify a source who furnished information pursuant to a promise that his/her identity would be held in confidence.

5 U.S.C. § 552a(k)(3) concerns material in connection with providing protective services to the U.S. President or other individual pursuant to the authority of 18 U.S.C. § 3056.

5 U.S.C. § 552a(k)(4) concerns information required by statute to be maintained and used solely as statistical records.

5 U.S.C. § 552a(k)(5) concerns investigative material compiled solely for the purpose of determining suitability, eligibility, or qualifications for federal civilian employment or for access to classified information, the disclosure of which would reveal the identity of the person who furnished information pursuant to a promise that his/her identity would be held in confidence.

5 U.S.C. § 552a(k)(6) concerns testing or examination material used to determine individual qualifications for appointment or promotion in federal government service when disclosure would compromise the testing or examination process.

5 U.S.C. § 552a(k)(7) concerns material used to determine the potential for promotion in the armed services, the disclosure of which would reveal the identity of the person who furnished the material pursuant to a promise that his/her identity would be held in confidence.