Government Transparency and Individual Data Protection: A Look at FOIA and The Privacy Act
In the realm of government records, two key pieces of legislation — the Freedom of Information Act (FOIA) and the Privacy Act — play significant roles in safeguarding personal privacy and granting individuals access to their own records.
The Privacy Act, enacted in 1974, provides safeguards for an individual against an invasion of personal privacy. It permits the subject to find out what records pertaining to them are maintained, to correct or amend such records, and to prevent records that pertain to them from being used or made available for purposes other than the purpose for which they were created. The Act places great emphasis on the privacy of the individual named in the record.
On the other hand, the Freedom of Information Act (FOIA), passed in 1966, provides a statutory right to access government information in executive branch agency records. FOIA allows any person to request military personnel records like the Official Military Personnel Files (OMPF) and Official Personnel Folders (OPF) from the National Personnel Records Center by describing the records sufficiently for identification. These files typically include service dates, assignments, awards, disciplinary actions, and separation information.
However, it's essential to note that access to these records is subject to certain privacy and security exemptions under FOIA. For instance, most information in a Federal Official Personnel Folder (OPF) is not releasable to the general public without the written consent of the individual. Similarly, certain military service information can be accessed without the veteran's authorization or next-of-kin's consent from Federal Official Military Personnel Files (OMPF).
In the case of deceased veterans, recent VA policy changes have restricted releases of full claims files. Instead, only limited genealogical information, such as birth, marriage, and death data, service entry details, and place of burial, is currently accessible under FOIA. As of a 2025 VA policy change, FOIA requests for claims files of deceased veterans will no longer yield full copies but a summary of limited genealogical details instead.
The Privacy Act does not specify the information available from Federal Official Military Personnel Files (OMPF) or the information that can be released from OPF to the public. The Office of Personnel Management (OPM) has determined that the following information can be released from OPF to the public: name, past and present positions, past and present titles, past and present salaries, past and present grades, past and present job locations.
Both the Privacy Act and FOIA carry provisions for civil action against Federal agencies for violations of an individual's rights under the Acts. Archival records, no longer the property of the agencies that created them, are records of the National Archives, open to the general public.
In conclusion, under FOIA, one can access military personnel files including service records and related documentation, but access to full claims files or medical records may require additional authorization or may be restricted, especially for deceased veterans due to recent VA policy changes. Genealogical information is currently the most specific accessible data for deceased veterans’ files under FOIA.
Politics often intertwines with policy-and-legislation, such as the Freedom of Information Act (FOIA) and the Privacy Act. These pieces of legislation significantly impact the availability of government records, with FOIA allowing access to military personnel files like the Official Military Personnel Files (OMPF) and Official Personnel Folders (OPF), while the Privacy Act safeguards an individual's personal privacy by permitting them to find out what records pertaining to them are maintained, to correct or amend such records, and to prevent records that pertain to them from being used or made available for purposes other than the purpose for which they were created.
