September 3, 1991
Reverend Gail Armstrong
President
Church of Scientology of California
1404 North Catalina Street
Los Angeles, California 90027Dear Reverend Armstrong:
This is in response to your letter dated August 15, 1991. You enclosed several booklets and requested that they be placed in the main files on the Church of Scientology (the Church) and L. Ron Hubbard (Hubbard); cross-indexed to any files mentioning the Church, Hubbard, Scientology or Dianetics; and sent to all future Freedom of Information Act (FOIA) requesters.
Your attorney, Kendrick L. Moxon, was previously informed by letter dated April 16, 1990, that the FOIA, 5 U.S.C. § 552, contains no provisions for the amendment, correction, or expungement of material considered by the requester to be inaccurate, false, or misleading. The Privacy Act, 5 U.S.C. § 552a, contains provisions allowing individuals to obtain corrective action based on accuracy or First Amendment considerations, but defines an “individual” as a citizen or permanent resident alien. Therefore, the Church is not an “individual” and has no standing to request amendment, correction, or expungement under the Privacy Act; and the FBI has no authority under the Privacy, Act to take such action for the Church.
1 – SAC, All Officers + Legal Attaches
Attention: FOIPA MDENOTE FOR SAC: Rev Armstrong has sent letters to FBI HQ and numerous field offices requesting that booklets enclosed with his letters be placed in FBI files. Field offices receiving these booklets should make no copies and return them to the sender citing this letter as the basis for your action.
2 – Mr. Davis
Reverend Gail Armstrong
Your requests to place the booklets in FBI files, cross-index them, and send them to future requesters are denied; and the material you enclosed with your letter is being returned to you.
Sincerely yours,
/s/
J. Kevin O’Brien, Chief
Freedom of Information-Privacy Acts Section
Information Management DivisionEnclosure
O’Brien, J. K., (1991, 3 September). FBI letter to Rev. Gail Armstrong, Church of Scientology of California. Retrieved on 22 March 2011 from http://usminc.org/FBIFILES/EIGHT/08026.pdf