Letter from the Department of the Navy to the ACLU National Security Project re: Detainee Interrogation Documents

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The document is a letter from the Department of the Navy to the ACLU National Security Project, regarding an ACLU request for information pertaining to the interrogation of detainees. The request is partially denied and certain portions of the documents requested are redacted.

Doc_type: 
Letter
Doc_date: 
Friday, February 26, 2010
Doc_text: 

DEPARTMENT OF THE NAVY
HEADQUARTERS
NAVAL CRIMINAL INVESTIGATIVE SERVICE
716 SICARD STREET SE SUITE 2000
WASHINGTON NAVY YARD. DC 20388-5380
5720 F09-1590
SEROOLTF/9U2643
Mr. Jameel Jaffer
Director, National Security Project
American Civil Liberties Union
125 Broad Street, 18th Floor
New York, NY 10004
The processing of your request for information pertaining to the Interrogation of Detainees,
which was referred to this office by the Federal Bureau of Investigation (FBI) along with seven
pages of documents, has been completed. Our review of the file reveals that it contains personal
identifiers (such as names and social security numbers) of third parties, the release of which
would constitute an unwarranted invasion of personal privacy. Accordingly, we must partially
deny your request and redact (withhold) this information pursuant to the Freedom of Information
Act provisions 5 U.S.C. § 552(b)(6) and (b)(7)(C). All releasable information is provided to you
at enclosure (1). We have also provided an enclosure explaining the various exemptions of the
Freedom of Information Act.
As the official responsible for the partial denial of your request, I am advising you of your right
to appeal this determination. Your appeal must be postmarked within 60 calendar days from the
date of this letter. An appeal should be addressed to the Secretary of the Navy's designee: Office
of the Judge Advocate General, (Code 14), 1322 Patterson Avenue, S.E., Suite 3000, Washington
Navy Yard, D.C. 20374-5066. The envelope and letter should bear the annotation "FOIA
Appeal." A copy of your original request and this partial denial letter must accompany your
appeal.
The FBI has taken exemptions pursuant to 5 U.S.C. § 552(b)(6) and (b)(7)(C). You may appeal
any denials cited, by writing within 60 days from the date of this letter to the Director, Office of
Information and Policy, U.S. Department of Justice, 1425 New York Avenue, NW, Suite 11050,
Washington, D.C. 20530-0001. Please cite FBI FOUPA #1129744-000 so your request may be
easily identified.
DOJOIG013999
F09-1590
There are no assessable fees associated with the processing of your request.
Sin
SIIAILA THORNE
LT, JAGC, USN
Encl:
(1) Documents
Copy to: FBI FOI/PA #1129744-000
DOJOIG014000
EXPLANATION OF EXEMPTIONS
FREEDOM OF INFORMATION ACT (5 U.S.C. §552):
(b)(1) protects from disclosure national security information concerning the national
defense or foreign policy;
(b)(2) related solely to internal personnel rules and practices, the release of which
would allow circumvention of a statute or rule;
(b)(3) specifically exempt from disclosure by statute;
(b)(4) trade secrets and commercial or financial information obtained from a private
source which would cause substantial competitive harm to the source;
(b)(5) pre-decisional opinions and recommendations, inter-agency or intra-agency
memoranda or letters that show foreseeable harm if released. Also, attorneyclient
privilege and attorney-work product are covered;
(b)(6) personnel and medical information, the release of which would result in a
clearly unwarranted invasion of personal privacy;
(b)(7) investigatory records or information compiled for law enforcement purposes,
which (A) could reasonably be expected to interfere with enforcement
proceedings, (B) would deprive a person of a right to a fair trial or an
impartial adjudication, (C) could reasonably be expected to constitute an
unwarranted invasion of personal privacy, (D) could reasonably be expected to
disclose the identity of a confidential source, (E) would disclose investigative
techniques, and/or (F) could reasonably be expected to endanger the life or
physical safety of an individual.
_PRIVACY ACT (5 U.S.C. §$52a):
(b) applies to information concerning other individuals which may not be released
without their written consent;
(j)(2) (A) applies to information compiled for the purpose of identifying individual
criminal offenders and alleged offenders and consisting only of identifying data,
(B) information compiled for the purpose of a criminal investigation, including
reports of informants and investigators, and associated with an identifiable
individual, or (C), reports identifiable to an individual compiled at any stage of
the process of enforcement of the criminal laws;
(k)(1) applies to information and material properly classified pursuant to an Executive
Order in the interest of national defense or foreign policy;
(k)(5) applies to investigatory material compiled solely for the purpose of determining
suitability, eligibility, or qualifications for Federal, civilian employment, or
access to classified information, release of which would disclose a confidential
source; and
(k)(6) testing or examination material used to determine individual qualifications for
appointment or promotion in Federal Government service, the release of which
would compromise the testing or examination process.
DOJOIG014001

Doc_nid: 
11420
Doc_type_num: 
69