NSA/CSS FOIA appeal authority

Well, it has finally arrived.  I actually forgot all about it.  What has arrived is my response from the NSA/CSS Freedom of Information Act Appeal Authority.

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Dear Mr. [],

This responds to your Freedom of Information Act (FOIA) request of 1 September 2011, which was received by this office on 1 September 2011, for "The release of all information of me, [] [] [], a New Zealand citizen... my file (as I believe I have one)."  Your letter has been assigned Case Number 65373.  Please refer to this case number when contacting us about your request.  For purposes of this request and based on the information you provided in your letter, you are considered an "all other" requester.  Your request has been processed under the provisions of the FOIA.

We have determined that the fact of the existance or non-existance of the materials you request is a currently and properly classified matter in accordance with Executive Order 13526, as set forth in Subparagraph (c) of Section 1.4.  Thus, your request is denied pursuant to the first exemption of the FOIA which provides that the FOIA does not apply to matters that are specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign relations and are, in fact properly classified pursuant to such Executive Order.

In addition, this Agency is authorized by various statutes to protest certain information concerning its activities.  The third exemption of the FOIA provides for the withholding of information specifically protected from disclosure by statute.  Thus, your request is also denied because the fact of the existance or non-existance of the information is exempted from disclosure pursuant to the third exemption.  The specific statutes are applicable in this case are Title 18 U.S. Code 798; Title 50 U.S. Code 403-1 (i); and Section 6, Public Law 86-36 (50 U.S. Code 402 note).

The initial Denial Authority for NSA information is the Deputy Associate Director for Policy and Records, Diane M. Janosek.  As your request is being denied, you are hereby advised of this Agency's appeal procedures.  Any person denied access to information may file an appeal to the NSA/CSS Freedom of Information Act Appeal Authority.  The appeal must be postmarked no later than 60 calender days of the date of the initial denial letter.  The appeal shall be in writing addressed to the NSA/CSS FOIA Appeal Authority (DJP4), National Security Agency, 9800 Savage Road STE 6248, Fort George G. Meade, MD 20755-6248.  The appeal shall reference the adverse determination and shall contain, in sufficient detail and particularity, the grounds upon which the requester believes that the determination is unwarranted.  The NSA/CSS FOIA Appeal Authority will endeavor to respond to the appeal within 20 working days after receipt, absent any unusual circumstances.

Sincerely,

Michelle Smith for Pamela N. Phillips
Chief
FOIA/PA Office

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Note they spelt existence wrong and called my neighbourhood Aratari, instead of Arataki.

I have been denied, putting it simply, and I have sixty working days to try again.  The letter, the appeal, has been filed nevertheless.  Wow, it has been over a month for them to get back to me as its the 11th of October today.

I just want them to leave me alone, whoever they are.