MEETING WITH THE FBI ON FOIA

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP83B00823R000800020011-6
Release Decision: 
RIPPUB
Original Classification: 
K
Document Page Count: 
3
Document Creation Date: 
December 9, 2016
Document Release Date: 
March 6, 2000
Sequence Number: 
11
Case Number: 
Publication Date: 
June 16, 1975
Content Type: 
MF
File: 
AttachmentSize
PDF icon CIA-RDP83B00823R000800020011-6.pdf148.67 KB
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Approved For Release 2002/05/01 : CIA-RDP83B00823R000800020011-6 16 JUN 1975 25X1A MEMORANDUM FOR: Deputy Director for Administration SUBJECT : Meeting with the FBI on POIA tatives of the FBI on POIA. Present from the FBI were 1. On 12 June 197S a meeting was held with represen- and the undersigned. 2. The meeting extended over about a two-hour period. The Bureau agreed that the Third Agency material in each of our files was a problem and both the Agency and the Bureau agreed that we would prefer that no other agencies indicate to a requester that it has our material in their files. Bureau representatives also indicated that they find them- selves in conflict with the Department of Justice on this material but they feel that if we could discuss the matter with responsible Justice officials and explain our problem, perhaps we could get them to modify their position. 3.1 1 speaking for the DDO, briefed the Bureau on our position on Third Agency material, i.e., that it is not our material and has been defined out of our files. He said that it was the DDO position that we should stick with this position until the matter is tested in court. DDA repre- 25X1A sentatives were inclined to agree with but felt that we would probably lose in court and should have a backup position. The Bureau thought that the Agency position was a highly desirable one but said that they already are admitting the existence of Third Agency information on instructions from the Department of Justice. 4. At the conclusion of the meeting it was agreed that perhaps the best thing to do would be to define our position, both a primary one and a secondary one, and then discuss the matter with appropriate Justice Department officials after Approved For Release 2002/05/01 : CIA-RDP83B00823R000800020.011-6i ,j 4 ,' 9 Approved For Release 2002/05/01 : CIA-RDP83B00823R000800020011-6 our problems had been explained to them. It`was further agreed that the Agency's position should be: a. We continue to stick with our definition of files until this position is overturned by the court, or formally rejected in writing by the Department of Justice. b. If our primary position is rejected, either by the court or Justice, we would treat FOIA requests where Third Agency information is in our files (from the FBI) as follows: (1) We would answer the requester that we have information in the same name as the requester emanating from another Government agency which may or may not be identical with the requester. The requester would be told that the information would be referred to the other Government agency for identification and if identical that Agency would respond to the request. S. The next course of action, as I see it, is for us to coordinate that position within the Agency, Including the General Counsel's office. Once that is done we would arrange with the FBI for another meeting with them which would include their legal counsel and a Department of Justice representative. From that meeting we would hope to get a policy position re- garding the Third Agency .Rule. Charles W. Kane Director of Security Distribution: Orig. $ 1 - Addressee 1 - PPG 1 - Chrono DS/CWKane:rjw (13 Jun 75) Approved For Release 2002/05/01 : CIA-RDP83B00823R000800020011-6 1 c 1 :.C - UNCLASSIFIED CONFIDENTIAL SECRET OFFICIAL ROUTING SLIP TO NAME AND ADDRESS DATE I 1T ALS DDIP&M 16;9; 2 C PPG 17isi8 3 aJ5/PIM 4 S 6 ACTION DIRECT REPLY PREPARE REPLY APPROVAL DISPATCH RECOMMENDATION COMMENT FILE RETURN CONCURRENCE INFORMATION SIGNATURE Remarks : a-3' it .C HERE TO RETURN TO SENDER FOLD FROM: NAME. ADDRESS AND PHONE NO. DATE D/Security 6/16/75 CONFIDENTIAL UNCLASSIFIED SECRET ADD r~ove ors a Ease