FR 2021-00205

The document from the Federal Register is a notice issued by the Department of Education seeking public comments on the extension of a currently approved information collection process. This process involves a form required under the Freedom of Information Act (FOIA) to verify the identity of individuals requesting personal records. The intent behind this collection is to ensure efficient and accurate processing of information requests while minimizing public burden. Comments from the public are requested by March 12, 2021.

General Summary

The purpose of this proposal is to extend the use of a form required for FOIA and Privacy Act requests. The collected information helps to identify individuals requesting their own documents and ensures that records are released to the correct person. This process aims to keep the information collection aligned with federal mandates for reducing paperwork while maintaining effective record management.

Significant Issues or Concerns

One notable concern is the lack of explicit reasons for why the extension of this information collection is necessary, apart from complying with the Paperwork Reduction Act. While the document mentions the need for a FOIA Third Party Perjury Form, it does not explain in detail how this form functions or justifies its necessity. Readers might find the description unclear, potentially leading to misunderstanding about its role and importance.

Additionally, the document does not address potential concerns about data privacy and security, which are notably significant given the sensitive nature of requests made under the FOIA and Privacy Act. This absence of information might raise questions among stakeholders about how their personal data will be protected.

The document also uses complex language regarding the procedures for submitting comments, possibly making it challenging for some individuals to follow. Moreover, the estimated number of annual responses and burden hours lacks clarity on how these numbers are calculated, which could lead to questions about the methodology used.

Broad Public Impact

The request for public comments can greatly impact how effectively the Department of Education processes information requests under FOIA and the Privacy Act. An extension of this information collection process implies continued efforts to streamline verification and ensure that records are only accessed by their rightful owners. However, the public might be concerned about how efficiently and securely this process is managed.

Impact on Specific Stakeholders

Stakeholders who are particularly affected include individuals seeking access to their records through FOIA requests. The use of the FOIA Third Party Perjury Form is intended to safeguard the privacy of personal information by ensuring only authorized individuals receive specific data. Data privacy concerns might heighten the scrutiny of this process by civil rights groups and privacy advocates.

Moreover, the implications for stakeholders depend on the responses to the request for comments, as public feedback could influence potential changes to the process. These changes could either alleviate existing concerns or further complicate the procedure, depending on how effectively they address the issues raised in public comments.

In summary, while the Department's notice seeks to engage the public in refining a regulatory process, it leaves several questions unanswered. Addressing those concerns could provide clarity and assurance to both the general public and specific stakeholders engaged in FOIA and Privacy Act requests.