Freedom of Information Act

FREEDOM OF INFORMATION ACT (FOIA)

District Coordinator – Patti Larson 605-333-2646

The Postal Service reserves the right to access and monitor computer use and information contained in or passing through its information resources, including email.

Postmasters are the Records Custodians of their office.

Handbook AS-353 is the Guide to Privacy and Freedom of Information Act requests. The most current edition is available from the Blue Page. The chapter you should become most familiar with is Chapter 5.
Records Custodians may only maintain authorized systems of records.
Mailing lists or other name and address lists may NOT be made available to the public by any means for any purpose.
If an address is provided by the requestor, a Postal Service employee may give directions to that address.
The Postal Service may only collect information necessary to its operations.
Information from the contents or cover of customer’s mail must not be recorded or photocopied except for Postal Service operations and law enforcement purposes.

Address Information Requests:

Most requests for information are for address information, usually from Government Agencies (Child Support, State Tax Department, etc.)
When a customer signs a Change Of Address card, they are authorizing the Postal Service to release their new address to government agencies and businesses who may ask. Therefore, ONLY address information in COARS may be released. If a customer’s address is not in COARS, but you know where they live because of “local knowledge”, you cannot give that address information out. Protect yourself! Only release address information in COARS.
The same goes for mailing lists. You can correct address elements (North, Court, etc—for a fee .33 cents per correction and a minimum of 30 addresses) and you can correct addresses in COARS, (by filing a 3546---for example the customer put the wrong directional on the form). NEVER provide courtesy address corrections to a mailer when there is no COA on file from the customer.
Use the Address Disclosure Chart to determine whether you can release the information to the requestor.
Use the Process Server and Government Agency format to check the proper format used for the request. They must be word for word. Government Agency requests must be on their official letterhead.
Generally there are no fees involved because the first 100 pages are free. If there are fees, they go into AIC 127.

Freedom of Information Act Requests

A Freedom of Information Act request must be in writing, be a request for records, and cite or state ‘per the Freedom of Information Act or per FOIA…...”
Call Patti Larson 605-333-2646.
Our district receives very few FOIA requests, and many times the Law Department will take care of them since there are time limits, fees, and penalties if we do not respond within given time frames.

If there are fees, they go into AIC 198.
When a FOIA request is approved or denied, a PS Form 8170 must be completed and sent to the District FOIA Coordinator Patti Larson, PO BOX 7570, Sioux Falls SD 57117-7570.

Address Disclosure Chart

Type of Requester	Disclose Boxholder Information from PS Form 1093, Application for Post Office Box or Caller Service (Both Business and Personal Use)	Disclose Individual/Family Change of Address from PS Form 3575	Disclose Business Change of Address	Disclose Commercial Mail Receiving Agency Customer Information from PS Form 1583, Application for Delivery of Mail Through Agent (Both Business and Personal Use)
General public	No	No	Yes	No, except for the purpose of identifying a particular address as being that of a Commercial Mail Receiving Agency. Do not furnish copy of form.
Process server	Only if written request includes all of the information in exhibit 5-2b, including the warning and certification above the signature block. Disclose only the name or address of the boxholder applicant. Do not furnish copy of form. Do not disclose the name or address of an individual who has filed a protective court order. (See exception.*)	Only if written request includes all of the information in exhibit 5-2b, including the warning and certification above the signature block. Do not furnish copy of form. The address of an individual who has filed a protective court order will not be disclosed.	Yes	No, except for the purpose of identifying a particular address as being that of a Commercial Mail Receiving Agency. Do not furnish copy of form.
Subpoena or court order	Only if counsel concurs	Only if counsel concurs	Yes	Only if counsel concurs
Criminal law enforcement (applies to government agencies whose function is law enforcement such as local police department, county sheriff, state police, or FBI.)	Boxholder name/address and the names of other persons listed as receiving mail on the PS Form 1093 may be disclosed if the agency request is in writing and in compliance with Postal Service certification and signature requirements. A copy of the form may be disclosed if requested by the agency. Do not disclose the name or address of an individual who has filed a protective court order. (See exception.*)	For written requests from these agencies, follow the instructions for "government agency" below. For oral requests from these agencies, disclosure pursuant to oral requests through the Inspection Service is permitted, if the Inspection Service has confirmed the information is needed for a criminal investigation.	Yes. Disclosure may be made pursuant to oral requests through the Inspection Service.	No, except for the purpose of identifying a particular address as being that of a Commercial Mail Receiving Agency. Do not furnish copy of the form. (See exception.*)
Government agency	Boxholder applicant name/address and the names of other persons listed as receiving mail on PS Form 1093 may be disclosed if the agency request is in writing and in compliance with Postal Service certification and signature requirements. A copy of the form may be disclosed if requested by the agency. Do not disclose the name or address of an individual who has filed a protective court order. (See exception.*)	Only if written signed request is on letterhead and it is for official purposes. See required format in exhibit 5-2c. Signatures may be preprinted, rubber stamped, or electronically prepared; letterheads may be computerized. Duplicate envelopes or self-addressed stamped envelopes are not required.	Yes	No, except for the purpose of identifying a particular address as being that of a Commercial Mail Receiving Agency. Do not furnish copy of form. (See exception.*)

Exception: If a protective order has been filed with the postmaster on behalf of an individual or on behalf of a customer of a Commercial Mail Receiving Agency, information from PS Form 1093, Application for Post Office Box or Caller Service, or from PS Form 1583, Application for Delivery of Mail Through Agent, may not be released unless the requester has obtained an order of a court of competent jurisdiction that requires the disclosure in spite of the existence of the protective order. Seek the advice of counsel.

Change of Address or Boxholder Request Format - Process Servers

Postmaster Date___________________________

_________________________________

City, State, ZIP Code

REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION
NEEDED FOR SERVICE OF LEGAL PROCESS

Please furnish the new address or the name and street address (if a boxholder) for the following:

Name:________________________________________________________________________

Address:______________________________________________________________________

Note: Only one request may be made per completed form. The name and last known address are required for change of address information. The name, if known, and Post Office box address are required for boxholder information.

The following information is provided in accordance with 39 CFR 265.6(d)(5)(ii). There is no fee for providing boxholder or change of address information.

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1. Capacity of requester (e.g., process server, attorney, party representing self):___________________________

2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): _____________________________________________________________________________

_____________________________________________________________________________

3. The names of all known parties to the litigation:______________________________________

4. The court in which the case has been or will be heard:________________________________

5. The docket or other identifying number (a or b must be completed):
____ a. Docket or other identifying number: ________________________
____ b. Docket or other identifying number has not been issued.
6. The capacity in which this individual is to be served (e.g., defendant or witness): _________________________

WARNING

THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001).

I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in conjunction with actual or prospective litigation.

_________________________________________ ________________________________

Signature Address

_________________________________________ ________________________________

Printed Name City, State, ZIP Code

POST OFFICE USE ONLY

__________No change of address order on file. NEW ADDRESS OR BOXHOLDER'S NAME POSTMARK

__________Moved, left no forwarding address. AND STREET ADDRESS

__________No such address. __________________________________________________

Address Information Request Format - Government Agencies

(AGENCY LETTERHEAD)

To: Postmaster

___________________________________________________

Agency Control Number _________________________________________________________

Date _________________________________________________________________________

ADDRESS INFORMATION REQUEST

Please furnish this agency with the new address, if available, for the following individual or verify whether or not the address given below is one at which mail for this individual is currently being delivered. If the following address is a post office box, please furnish the street address as recorded on the boxholder's application form.

Name: ________________________________________________________________________

Last Known Address: ____________________________________________________________

I certify that the address information for this individual is required for the performance of this agency's official duties.
_____________________________________________________________________________

(Signature of Agency Official)

_____________________________________________________________________________

(Title)

FOR POST OFFICE USE ONLY

[ ] MAIL IS DELIVERED TO ADDRESS GIVEN NEW ADDRESS

[ ] NOT KNOWN AT ADDRESS GIVEN ________________________________

[ ] MOVED, LEFT NO FORWARDING ADDRESS ________________________________

[ ] NO SUCH ADDRESS

[ ] OTHER (SPECIFY): BOXHOLDER STREET ADDRESS

______________________________________ ________________________________

Agency return address Postmark/Date Stamp