11-IB05 Re: Freedom of Information Act (“FOIA”) Appeal of Agency Denial of Records

Reporter requested attendance records and badge entry records for a specific merit employee with Dept. of Labor. Held that (a) under the merit rules, the attendance records were confidential; and (b) the disclosure of card swipe/access records would violate the security provision of FOIA because it must be applied uniformly, without regard to the identity of the requester. As a result, the Dept. of Labor was correct in not releasing any records.

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