Code of Federal Regulations - Title 32: National Defense (December 2005)
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TITLE 32 - NATIONAL DEFENSE
SUBTITLE A - DEPARTMENT OF DEFENSE
CHAPTER V - DEPARTMENT OF THE ARMY
SUBCHAPTER A - AID OF CIVIL AUTHORITIES AND PUBLIC RELATIONS
PART 518 - THE ARMY FREEDOM OF INFORMATION ACT PROGRAM
subpart a - GENERAL PROVISIONS
518.6 - Public information.
The public has a right to information concerning the activities of its Government. DoD policy is to conduct its activities in an open manner and provide the public with a maximum amount of accurate and timely information concerning its activities, consistent always with the legitimate public and private interests of the American people. A DoD record requested by a member of the public who follows rules established by proper authority in the Department of Defense shall be withheld only when it is exempt from mandatory public disclosure under the FOIA. In the event a requested record is exempt under the FOIA, it may nonetheless be released when it is determined that no governmental interest will be jeopardized by the release of the record. (See 518.36 for clarification.) In order that the public may have timely information concerning DoD activities, records requested through public information channels by news media representatives that would not be withheld if requested under the FOIA should be released upon request unless the requested records are in a Privacy Act system of records; such records in a Privacy Act system of records will not be released absent a written request under the FOIA, unless otherwise releasable under the Privacy Act. Prompt responses to requests for information from news media representatives should be encouraged to eliminate the need for these requesters to invoke the provisions of the FOIA and thereby assist in providing timely information to the public. Similarly, requests from other members of the public for information should continue to be honored through appropriate means even though the request does not qualify under FOIA requirements.
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