APPEAL LETTER

• Document Type: FOIA
• Collection: FOIA Collection
• Document Number (FOIA) /ESDN (CREST): 05855551
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 4
• Document Creation Date: July 11, 2023
• Document Release Date: February 10, 2022
• Case Number: F-2013-02024
• Publication Date: June 1, 2012

Approved for Release: 2021/12/02 C05855551'RIVACV INFORMATION CENTER
May 23, 2012
VIA CERTIFIED MAIL
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505
Re: Freedom of Information Act Request F-2012-01071
Dear '01A Officer,
1118 Connecticut Ave NW
Suite 280
Washingtnn GC 20009
USA
[phone] [tel]
[phone] [loxi
wwwc.atg
This letter constitutes an appeal under the Freedom of Information Act ("FOIA"),
5 U.S.C. � 552, and is submitted on behalf of the Electronic Privacy Information Center
(-EPIC') to the U.S. Central Intelligence Agency ("CIA") Inspector General's ("16")
Office of the Information and Privacy Coordinator.
On March 28, 2012, EPIC submitted to the CIA IG's Office and Office of the
Information and Privacy Coordinator via certified mail a FOIA request regarding the
Inspector General's 2011 investigation regarding the CIA's collaboration with the New
York Police Department ("NYPD"). Specifically. EPIC requested:
All documents related to the CIA Inspector General's investigation
regarding the agency's collaboration with NYPD;
2. All legal analyses conducted by the CIA Inspector General's office
regarding the CIA's collaboration with the NYPD;
3. All final reports issued as a result of the CIA Inspector General's
investigation;
4. Any communications between the CIA Inspector General's office and the
NYPD regarding the agency's collaboration with the NYPD.
Background
Beginning in 2011, a series of investigative articles by the Associated Press
. .
revealed that the NYPD had been conducting surveillance of Muslims and persons of
Arab descent in New York, New Jersey, and elsewhere. This surveillance included
I Associated Press. Highlights of AP's Probe into NYPD Intelligence Operations, http://ap.orgimedia-
centerhiypd/investigation
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photographing members of the Muslim community as they entered mosques,2 infiltrating
Muslim student groups,3 and conducting surveillance of Muslim stores and businesses .4
he New York City Police Commissioner Raymond Kelly confirmed that the CIA
had collaborated with the NYPD in surveillance matters and that a CIA officer had been
working out of NYPD police headquarters.,5 CIA spokeswoman, Jennyiferpyoungblood
confirmed that the agency had a collaborative relationship with the N p
Several December 2011 media reports discussed a CIA IG's investigation
regarding the agency's collaboration with NyPD.7 CIA spokesman Preston Golson
acknowledged the existence of this investigation and stated that the agency's Inspector
General concluded that no laws were broken and there was "no evidence that any part of
the agency's support to the NYPD constituted 'domestic spying. Recent news reports
indicate that the, as a result of the IG investigation and media scrutiny, the CIA officer
bedded within the NYPD would be leaving.9
EPIC Appeals the CIA's F
are to Disclose Records Responsive to Categories 1-4
EPIC hereby appeals the CIA's failure to make a tirnely deterrinnation regarding
EPIC's FOIA Request. Typically, an agency rmist make a determination regarding a
FQA request within twenty vvorking days 10 EPIC received QA Office of th
In and Privacy Coordinator's acknowledgment and referral letter on May 15,
2012. That letter acknowledged that the Office of the Inthrmation and Privacy
m Coordator had receivedEPIC's request on April 9, 2012, was denying EPIC's request
for expedited processing, and was granting EPIC's request for fee waiver. However, the
Office of the Information and Privacy. Coordinator made no definitive, stthstantive
determination regarding EPIC's request.
The Office o the Information and Privacy Coordinator's May 15, 2012
acknowledgmet etter is not a determination. A "determination" must include at least a
Associated Press, NYPD Records, Targn of Surver ance, IVIajid Omar, available at:
ttp://hosted.ap.org/specials/interactivestdocumentsinypdinypd_omar.pdf
Intelligence Division, Intelligence Collection Coordinator, Deputy Commissioner's Briefing, Apr. 25,
2008, available at: http://hosted.ap.orgispecials/interactives/documentsinypd/dci-briefing-04252008.pdf
See e.g, NYPD Intelligence Division, Demographics Unit, Egyptian Locations of Interest Report, July 7,
2006, available at: http://hosted.ap.org/specials/Mteractives/documents/nypd/nypd-egypt.pdf
5 Ellen Sullivan, NYPD Confirnm CIA Officer- Works at Department, Associated E'ress, Aug. 25, 2011.
61d
7 Se e e.g., Associated Press, CIA's Watchdog: No Pi obkm with NYPD Partnership, Dec. 23, 2012,
available at: http://wvvw.usatoday.cominews/vvashingtonistory/2011-12-23/cia-nypd-
partnership/52198856/1
8 M.
Faiza Patel and Elizabeth Goitein, s Jime to Police the NYPD, New ork Times, Jan. 29. 2012,
littp://vvww.nytimes.com/2012/0 I /30/op n ion/the-nyyd-needs-policing.h tmi
105 U.S.C. � 552(a)(6); see also Wash. Post v. Dep t of Homeland Sec., 459 F. Supp. 2d 61,74 (D.D.C.
2006) (citing Payne Enterprises v. United States, 837 F.2d 486, 494 (D. C. Cir: 1998)) (stating, "FOIA was
i
created to foster public awareness, and failure to process FOIA requests n a timely fashion is 'tantamount
to denial.'").
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of the documents to which the requester is being denied access and reasons thr the
vvithholding. "Denial of this informafion would in all likelihood be a violation of due
process as well as effectively gutting the reasons for applying the exhaustion doctrine in
FOIA cases. "11.
An agency's "acknowledgement o a request cannot. be construed as a
'determination' if it does not grant or deny the right to appeal." The Office of the
Information and Privacy Coordinator has not substantively responded to Categories 1-4
of EP1C's FOIA Request, and therefore a determination has not been rriade as to the
documents under these categories. Because more than twenty working days have elapsed
since the Office of the Information and Privacy Coordinator received EPIC's request on
April 9, 2012 the failure to make a determination violates the EOM's statutory deadline.
Conclusion
Thank you for your prompt response to this appeal. As provided in 5 U.S.0 �
552(a)(6)(A)(11), I anticiPale that you win produce responsive documeMs within twenty
(20) v\rorking days of mceipt of this appeal. If you have any questions, peas e feel free to
contact me at [phone] x 102 or [e-mail].
(b)(6)
Ginger P.
Director
EPIC Open Government Project
I She mco Indus., Inc. v. Sec'y of Air Force 452 F Supp. 306, 317 n.7 (ND Texas 1978) revid 011 other
grounds 613 F 2 also Oglesby v. Dep't of rmy, 920 F.2.d 57 65 (D.C. Cir.
1990)2 (c'iting ShedrmIc3o141n(d5uths ,CI1nr.c.19v8. 0S)cs'yeeof Air Force, 452 F. Supp. 306 (ND. Tex -19'78))
Martinez v. F.B.I., No 82 .1547 (D.D.0 1 1983) (citin Sh ,Inc. v. Sec.' of A' -
I ex. 1978) and M g erme� in"s I
For 52 F. Supp 306 tN .."D "' ' Oct.. a;schner v. Dep't of State, 470 F. Supp. 196, Y199 (DI.1
Co 197 * . .
nn. 9)), a
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1710 Connecticut Ave NW
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7010 2780 0001 9823 5788
Information and Privacy Coordinator
Central Intelligence Agency
Washington, DC 20505
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