FOIA Instruction 002-02-002: Non-Disclosure of Information Protected under 8 U.S.C. Section 1367

Instruction 002-02-002: Non-Disclosure of Information Protected under 8 U.S.C. Section 1367 provides guidance on the treatment of certain information under the Freedom of Information Act (FOIA) and Privacy Act. Section 1367 protects any information relating to non-citizens, and their beneficiaries, who are seeking or have been approved for immigrant status as (1) battered spouses, children and parents under provisions of VAWA; (2) victims of a severe form of human trafficking who generally are cooperating with law enforcement authorities; or (3) victims who have suffered substantial physical or mental abuse and are cooperating with law enforcement authorities.

In addition to describing the treatment of information protected by 8 U.S.C. Section 1367 when processing FOIA and Privacy Act requests, the instruction requires Government Information Specialists to complete training regarding 8 U.S.C. Section 1367, and requires notification to the Chief Privacy Officer of unauthorized disclosures of information protected by 8 U.S.C. Section 1367,