What rights do foreign nationals have under the Freedom of Information Act?
Under existing law, foreign nationals have the same rights of access under the Freedom of Information Act as do United States citizens. The only point of difference in this regard is that when an agency advises a foreign national requester of his right to review in federal district court, he need not be advised that he can bring suit in a judicial district of his residency (unless he has been lawfully admitted for permanent residence). By contrast, the Privacy Act of 1974 limits its access rights to United States citizens and aliens lawfully admitted for permanent residence. See, e.g., Raven v. Panama Canal Co., 583 F.2d 169, 170 (5th Cir. 1978), (citing 5 U.S.C. ยง 552a(a)(2), cert. denied, 440 U.S. 980 (1979). When a record requested under the FOIA is found in the files of one agency but was originated in another agency, which agency (1) is responsible for responding to the request, and (2) is the proper party defendant in a lawsuit brought to compel disclosure of the record? When an
