Curious if anyone has experience with a Freedom of Information Act request subsequent to a pre-employment polygraph failure. How long did it take and what did you actually get?? The DOJ website states there are certain exemptions and exclusions under the FOIPA. (See below) Something tells me you ain't getting nothing about your polygraph results or whether they communicated your failure to the entire world! ???Thanks.
The exemptions authorize federal agencies to withhold information covering: (1) classified national defense and foreign relations information; (2) internal agency rules and practices; (3) information that is prohibited from disclosure by another federal law; (4) trade secrets and other confidential business information; (5) inter-agency or intra-agency communications that are protected by legal privileges; (6) information involving matters of personal privacy; (7) certain types of information compiled for law enforcement purposes; (8) information relating to the supervision of financial institutions; and (9) geological information on wells. The three exclusions, which are rarely used, pertain to especially sensitive law enforcement and national security matters. Even if information may be withheld under the FOIA, the component still may disclose it as a matter of administrative discretion if that is not prohibited by any law and would not cause any foreseeable harm, although the component is not legally obligated to do so. The Justice Department strives to achieve maximum responsible information disclosure through this discretionary disclosure policy.
John,
My own personal experience with FOIA has been unsatisfactory. In my case, I wanted to obtain my polygraph report and all other documents pertaining to me from the CIA. I was rebuffed swiftly with a letter stating essentially that CIA is exempt from many laws about divulging information they have on applicants. I didn't get squat from them.
Admittedly, others have had better experiences, but I know that making FOIA requests to obtain polygraph reports is no trivial matter. These requests are made to federal agencies who are fully aware of their power.
Good luck.