Chapter 3: Disclosure Suit for F.O.I.A. and the Privacy Act

Publisher’s Comments:


It happens all the time, government agency like the Internal Revenue Service (IRS) incorrectly assess and bill citizens for erroneous amounts. This is why we need that agency to disclose information to clarify where the errors were made. If errors were made, why would an agency give you information that would justify your claims that the agency committed mistakes? It would, because disclosure of such information is mandated by law.


The Freedom of Information Act (F.O.I.A.) and the Privacy act are federal laws that grant citizens the opportunity to obtain and amend government records about themselves, conduct investigations, and acquire agency manuals. The F.O.I.A. allows you to request for documents by merely giving a reasonable description of what you are looking for. The Privacy Act limits you to information from specific agency files.


It would not be surprising for the government agency concerned to hem and haw after receiving your request. Delays and denials should not daunt you from persisting to acquire the information you need to protect or serve your interests. What to do when you do not receive the information requested? Should the government agency fail to respond, the F.O.I.A. requires that you appeal your request. If the appeal does not produce results then you can sue for information. The Privacy Act does not require an appeal – you can sue right away. Under the F.O.I.A., you have within 35 days to appeal your request.


Michael Ioane describes in Chapter 3, in step-by-step fashion, how you go about suing for information under the FO.I.A. and the Privacy Act should your appeals pass without being acted upon. You can also file suit if you find the term “tax protestor” referring to your person in the documents resulting from your requests. The sample complaints address the agencies: failure to send requested documents, failure to account for disclosure of information to other agencies, and items in your record you want expunged or amended. Numerous forms, sample letters, explanation on how to address the court Clerk, what fees should be expected, how to actually file your case, who to trust with serving your paperwork and who to serve it upon?


Let “Boston Tea Party” aid you through the process.