LETTER RE QUARTERLY REPORT FOR THE FIRST QUARTER OF 2001
Document Type:
Keywords:
Collection:
Document Number (FOIA) /ESDN (CREST):
0005498779
Release Decision:
RIPPUB
Original Classification:
U
Document Page Count:
9
Document Creation Date:
June 24, 2015
Document Release Date:
April 14, 2011
Sequence Number:
Case Number:
F-2007-00194
Publication Date:
May 4, 2001
File:
Attachment | Size |
---|---|
DOC_0005498779.pdf | 131.84 KB |
Body:
OP CRET,
CENTRAL INTELLIGENCE AGENCY
Washington, D.C. 20505
OGC-ISD-2001-50113
4 May 2001
.
The Honorable Warren B. Rudman
Acting Chairman, Intelligence Oversight Board
Old Executive Office Building
Washington, DC 20500
Dear Mr. Chairman :
I am submitting this quarterly report for the
first quarter calendar year 2001, pursuant to Section 2.4 of
Executive order12863, "President's Foreign Intelligence Advisory
Board." The Executive Order requires'me to report to you,
intelligence activities that I have reason to believe may be.
unlawful or contrary to Executive Order or Presidential
directive. Since my last report, I am aware of three re_po_tahle
items.
.I am also submitting three informational stems of
interest that are included because of their significance. I have
no reason to believe that these informational items constitute
intelligence activities that were unlawful or contrary to
Executive Order or Presidential directive.
Reportable Items
APPROVED FOR RELEASED
DATE: 25-Feb-2010
Privacy Act Violation. In April 1995., the CIA
provided information to-a writer about a defector with US person
status, that was obtained from a CIA Privacy Act system of
records without the receipt of any written consent from the
defector. This resulted in an inadvertent technical violation of
the Privacy Act of 1974, since-the dissemination did not fall
within one of the statutory exemptions to the Act, and CIA failed
to secure the necessary explicit written. consent needed-to
otherwise authorize the dissemination of the-records-under the
Act.." The impact of the Privacy Act on the dissemination was
not realized until January 2001, following a review of files
"No agency shall disclose any record which is contained in any system of
records by any means of communication to any person, or to another agency,
except pursuant to a written request by, or with the prior written consent of,
the individual to whom the record pertains [subject to 12 exceptions]." 5
U.S.C. ?552a (b).
TO CRET
The Office of General Counsel has reviewed the
documents at issue and interviewed several of those who were
involved in structuring and working on the research project. We
found that although CIA did a'diligent job in its review of the
materials on the basis of classification, there is no indication
in the relevant files, nor in the memories of those involved at
the time, that the necessity.of a Privacy Act waiver was
considered by any of the parties or by OGC. The DepartmenL of
Justice'-s Criminal Division was notified of the facts surrounding
the dissemination and declined prosecution of misdemeanor charges
against any of the parties under the criminal provisions of the
Privacy Act, given that the failure to secure the written consent
was merely an oversight and there was no evidence of intent to
violate the law. Our review of this matter leads us to conclude
that it is highly unlikely that such an arrangement will ever be
utilized by the Agency-again. Thus, it is highly unlikely that
the Privacy Act violation that occurred in this case will ever be
replicated.
The Honorable Warren B. Rudman
Informational Items of Interest
TO ET/
The Honorable Warren B. Rudman
TOP\ \ET
The Honorable Warren B. Rudman
Please call-me if you would like to discuss any
aspect of the items noted above.
Robert c mara, Jr.