Case No. VFA-0366, 27 DOE ¶ 80,109

February 11, 1998

DECISION AND ORDER

OF THE DEPARTMENT OF ENERGY

Appeal

Name of Petitioner: Marjorie A. Jillson

Date of Filing: January 14, 1998

Case Number: VFA-0366

On January 14, 1998, Marjorie A. Jillson filed an Appeal from a determination issued to her on December 11, 1997, by the Freedom of Information and Privacy Act Division (FOIA Division) of the Department of Energy. That determination concerned a request for information Ms. Jillson filed pursuant to the Privacy Act, 5 U.S.C. § 552a, as implemented by the DOE in 10 C.F.R. Part 1008. If the present Appeal were granted, the DOE would be required to conduct a further search for the requested information.

I. Background

On November 4, 1997, Ms. Jillson filed a request for information in which she sought records pertaining to the use of radioiodine (I-131) on her at the Harper Hospital in Detroit, Michigan in 1954. On December 11, 1997, the FOIA Division issued a determination which stated that the Coordination Information Center conducted a search of DOE-86, “Human Radiation Experiment Records,” a system of records established pursuant to the Privacy Act. The search found no records maintained in that system of records that were responsive to Ms. Jillson’s request. On January 14, 1998, Ms. Jillson filed the present Appeal with the Office of Hearings and Appeals (OHA). Ms. Jillson asks that the OHA direct the Authorizing Official to conduct a new search for responsive documents.

II. Analysis

The Privacy Act requires, inter alia, that each federal agency permit an individual to gain access to information pertaining to him or her which is contained in any system of records maintained by the agency. 5 U.S.C. § 552a(d). DOE regulations define a system of records as “a group of any records under DOE control from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particulars assigned to the individual.” 10 C.F.R.

§ 1008.2(m).

We have investigated the search undertaken by the FOIA Division in response to Ms. Jillson’s request, and have been advised that a thorough search of the only relevant system of records has been conducted. Memorandum of telephone conversation between Kimberly Jenkins-Chapman, OHA Staff Attorney, and Tanya Woods, FOIA and Privacy Act Analyst, FOIA Division (January 16, 1998). In response to Ms. Jillson’s request, the Coordination Information Center conducted a search of a system known as DOE-86, “Human Radiation Experiment Records.” The FOIA Division has indicated that it searched this system of records by Ms. Jillson’s name and by a description of the experiment and found no information maintained in the system of records that was responsive to Ms. Jillson’s request. The FOIA Division further indicated that DOE-86 is the only system of records likely to contain information of the type described in Ms. Jillson’s request.

Based on the foregoing, we conclude that the FOIA Division has adequately searched all the systems of records under its control that might reasonably be expected to contain the material sought by Ms. Jillson. Accordingly, the present Appeal will be denied.

It Is Therefore Ordered That:

(1) The Privacy Act Appeal filed Marjorie A. Jillson on January 14, 1998, OHA Case No. VFA- 0366, is hereby denied.

(2) This is a final Order of the Department of Energy from which any aggrieved party may seek judicial review pursuant to the provisions of 5 U.S.C. § 552a(g)(1). Judicial review may be sought in the district in which the requester resides or has a principal place of business, or in which the agency records are situated, or in the District of Columbia.

George B. Breznay

Director

Office of Hearings and Appeals

Date: February 11, 1998