American Civil Liberties Union of Northern California v. Transportation Security Administration (TSA)

Filing 1

COMPLAINT for DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400, receipt number 0971-12178000.). Filed byAmerican Civil Liberties Union of Northern California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet)(Talla, Vasudha) (Filed on 3/12/2018)

EXHIBIT 5

U.S. Department of Homeland Security
Freedom of Information Act Branch
601 South 12th Street
Arlington, VA 20598

Freedom of Information Act/Privacy Act Request Acknowledgement
Requester Name and Address:
Theodora Simon
[e-mail]
Investigator
ACLU
39 Drumm St

Request Date: January 23, 2017
Date Received: January 24, 2018
Perfected Case Number: 2018-TSFO-00143
Fee Waiver Requested: Yes Expedite Request: Yes
Category: Complex

San Francisco, CA 94111
Ms. Simon:
Your request has been received in this office for processing. Please see below to learn if we need
additional clarification and/or documentation in order to continue processing your request. If the first box
is checked, nothing more is required from you. If other boxes are checked and we do require
supplemental information, you have 30 working days to respond. If you do not respond within this time
frame, we will administratively close your case; however, you may resubmit your request at any time. If
you have any questions, please contact this office at [phone] or [e-mail]. You may also
check the status of your request at https://www.dhs.gov/foia-status.
If you are requesting video recordings from airports, please be aware that the Transportation Security
Administration does not control video recordings at airports and, therefore, we are generally unable to
provide those records. We recommend that you request video recordings from the local airport authority.
Also be aware that the airport authorities generally delete recordings after thirty days.

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No additional information is needed at this time. However, if any additional information is
needed in order to complete our search for documents we will contact you.

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Because you have asked for copies of records about yourself, we must verify your identity
to ensure that your personal information is released only to you. Enclosed is the appropriate
form that can be used to satisfy this requirement.

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Because you have submitted a third party request, we must receive a statement from the subject
of the request verifying his/her identity and certifying his/her agreement that records concerning
him/her may be released to you. Enclosed is the appropriate form that can be used to satisfy this
requirement.

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Request did not reasonably describe the records sought or is too broad in scope. Requests are
reasonably described when an agency employee is able to locate the records with a reasonable
amount of effort. Please modify your request ensuring you specifically describe the records you
seek. For example, what was the nature of your contact with TSA – did you apply for a job with
TSA, did you encounter problems at an airport checkpoint (specify airport, date), current
employee, etc.
Your request for expedited processing is denied because you do not qualify under one of the two
required categories: 1) Circumstances in which the lack of expedited treatment could pose an
imminent threat to life or physical safety, or 2) You are person primarily engaged in disseminating
information and there exists an urgency to inform the public concerning actual or alleged Federal
Government activity.
Provisions of the FOIA allow us to recover part of the cost of complying with your request. We
will construe the submission of your request as an agreement to pay up to $25.00. (6 CFR section
5.11) If the cost will exceed this amount, we will contact you to advise of the new cost and your
agreement to pay or modify the scope of your request to lessen the cost.
You have requested a fee waiver. We are reviewing your request and will advise you of our
determination shortly.
We have determined that your request meets the “Unusual Circumstances” criteria of the FOIA
due to one or more of the following: There is a need to search for and collect records from
separate offices; there is a need to search for, collect, and examine a voluminous amount of
records; or there is a need for consultation with another agency or among two or more
components within the same agency. Therefore, we will not be able to complete the processing
of your request within 30 working days (20 working days plus 10 additional business days allowed
for “unusual circumstances.”

If you have any questions or wish to discuss reformulation or an alternative time frame for the processing
of your request, please contact the FOIA Branch and the analyst who is assigned to process your request
will assist you. To do so, you may send an e-mail to [e-mail], call 571-227-2300 or toll free 1-866364-2872, or you may contact our FOIA Public Liaison in the same manner. Additionally, you have a right
to seek dispute resolution services from the Office of Government Information Services (OGIS) which
mediates disputes between FOIA requesters and Federal agencies as a non-exclusive alternative to
litigation. If you are requesting access to your own records (which is considered a Privacy Act request),
you should know that OGIS does not have the authority to handle requests made under the Privacy Act of
1974. You may contact OGIS as follows: Office of Government Information Services, National Archives
and Records Administration, 8601 Adelphi Road-OGIS, College Park, Maryland 20740-6001, e-mail at
[e-mail]; telephone at 202-741-5770; toll free at 1-877-684-6448; or facsimile at 202-741-5769.