This is just a quick update, but it’s significant, so I thought it was worthy of being an official blog post.
I was getting ready to FOIA the FBI for their 1988 records schedule–hoping to find the meaning of N1-65-88-3, Item 1 a–when I found myself on a new page for the National Archives and Records Administration (NARA): the Records Control Schedules. Before that moment, I’d only seen the schedules referred to as Records Schedules, which was how I must have missed this page earlier.
Click on this link for all the records control schedules for the FBI.
Then scroll until you get to N1-065-88-003. Note that they’ve placed zeros before the 65 and the 3, which is probably why it wasn’t turning up in Google.
And here it is, you guys: the document that the FBI (through a NARA spokesperson) cited as its reason for expunging Ron Tammen’s fingerprint file 30 years ahead of time.
We’ve seen this language before in similar documents. As Item 1 reads:
Case files or any portion of their contents, including specific information within documents, whose continued maintenance by the FBI may conflict with the provisions of the Privacy Act of 1974, 5 U.S.C. 552a, as amended, or whose destruction is mandated by court order.
Note that Ron’s scenario is described in Item 1 A, which ends with this fateful decree: DESTROY immediately.
That’s so interesting that the FBI may have felt that continued maintenance of the fingerprints of a person who’d been missing since 1953 might have been in conflict with the provisions of the Privacy Act. I wonder: Did they feel the need to expunge all missing persons’ fingerprints for the same reason?
Lately, I’ve been reading up on the Privacy Act and things of that ilk. Someday, we may have a longer discussion on the topic, once I’ve had all my questions answered. However, at this stage, I can say this: I’ve been living under the Privacy Act rules for the past 11 years as I’ve been filing FOIA request after FOIA request. And this question stands out:
Q: When does a person’s privacy protections pretty much go out the window (with certain caveats, such as with HIPAA and FERPA)?
A: When they die. Once a person has died, a whole world of information opens up to us through FOIA. The ticket for entry is proof of death.
Several of you have said that it sounds more likely that Ron was alive in 2002 in order for them to have reason to expunge his fingerprint records. Although we still can’t rule out the court order, I believe a potential Privacy Act conflict supports this theory.
I’d like to thank you for your astute questions and observations to date on this topic–you’ve been extremely helpful. The floor is now open.