F-2010-00435 CAN

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05495766
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 3
• Document Creation Date: March 9, 2023
• Document Release Date: December 8, 2021
• Case Number: F-2011-02160
• Publication Date: January 7, 2010

Approved for Release: 2021/12/07 C05495766
Central Intelligence Agency
Washington, D.C. 20505
January 8, 2010
Reference: F-2010-00435
Dear
On 29 December 2009 the office of the Information and Privacy Coordinator received
your Freedom of Information Act (FOIA) request dated 17 December 2009 for records
concerning yourself and various individuals who you believe have taken actions against you
and your family. Your request for information about yourself will be addressed in separate
correspondence under reference number P-2010-00240.
Please note, the mission of the Central Intelligence Agency is primarily concerned
with foreign intelligence -- not domestic -- matters. Section 103 (d)(1) of the National
Security Act, as amended, specifically provides that "the Agency shall have no police,
subpoena, law-enforcement powers, or internal security functions." Executive Order 12333,
which regulates the conduct of intelligence activities in the United States and elsewhere,
provides that the responsibility for domestic intelligence collection is generally within the
province of the Federal Bureau of Investigation. A very limited exception to the Order is
provided that permits other agencies within the Intelligence Community to collect significant
foreign intelligence and counterintelligence, provided that no such effort shall be undertaken
for the purpose of acquiring information about the domestic activities of United States
persons. Based on the above, it is highly unlikely that we would have any records responsive
to your request.
If you insist, however, we can search our records systems on the names you mention
in your letter: Glenda Titus, Jerry Kohena, Dave Cheplick, and Tracy Mace. However,
we need as much identifying information as possible before we can effectively search our
files for information on an individual. Please provide us with each person's full name, date
and place of birth, and citizenship status. Without this data, we may be unable to distinguish
between individuals with the same or similar names. If the person is deceased, we require
some evidence of death, such as a death certificate, an obituary, or a press statement to
ensure there are no privacy considerations.
Agency regulations encourage requesters seeking information on living third parties
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to provide a signed affidavit or declaration from the third parties waiving all or some of their
privacy rights. We can search without this authorization, but if we locate responsive records,
privacy concerns may require us to protect the information from release.
FOIA exemption (b)(6), a copy of which I have enclosed for your reference and
retention, requires us to protect information "the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy." In reaching this determination, we use
the test our enclosed regulations outline at 32 CFR �1900.32(b): "the Agency will balance
the privacy interests that would be compromised by disclosure against the public interest in
release of the requested information." Therefore, the waiver will assist us with this
determination.
Further, for your information, the FOIA authorizes federal agencies to collect fees for
records services. You will note on the enclosed fee schedule that we charge search fees,
including computer time where indices are computerized, and copying costs for releasable
documents. Search fees are assessable, and you will be charged, even if our search results
are negative or if we determine that no information is releasable under the FOIA.
Based on the information provided in your letter, we determined that your request
would fall into the "all other" fee category, which means that you would be required to pay
charges that recover the cost of searching for and reproducing responsive records (if any)
beyond the first 100 pages of reproduction and the first two hours of search time, which are
free. Copies are ten cents per page.
We cannot process your request at this time and have cancelled your request. We
will be happy to open a new request when you provide your fee commitment and the full
name, date and place of birth, and privacy waiver or proof of death, as appropriate, for each
individual in whose name you wish us to search.
Sincerely,
Delores M. Nelson
Information and Privacy Coordinator
Enclosures
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IMS/1RRG/PIP1I 7 January 2010
Distribution:
Orig - Adse
1 - PAB/F-2010-00435 CAN
Since it is extremely unlikely that the requester can provide the biographic information,
we are cancelling this request.
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