Word to the Wise

The Freedom of Information Act defines “record” as any information in an “agency record” that’s maintained by the agency in any format.

The Postal Service defines a “record” as “a discrete, distinct or segregable grouping of information that pertains to a specific topic” that’s recorded and is in the custody or control of USPS. This includes all electronic data.

“Personal records” — such as notes taken to refresh an employee’s memory and not integrated into agency files – are not considered “records” under the FOIA.

Keeping the definition of a “record” in mind while searching for documents that are responsive to a FOIA request ensures that the Postal Service will comply with all its obligations under the act.

And that’s smart business.

Contact your FOIA coordinator or FOIA team – at foia12@usps.gov – with any questions.

Don’t Over-Share

Are you working with a Postal Service attorney on potential or ongoing litigation, a personnel matter, or negotiations with a business partner?

The attorney-client privilege protects a communication when you request or receive legal advice from a Postal Service attorney. Yes, this means emails.

Ask the attorney before sharing communications outside of your functional organization or outside of the Postal Service. Sharing it could waive the privilege. The Postal Service would then lose its ability to protect the communication from disclosure in litigation or in response to a Freedom of Information Act (FOIA) request.

Maintaining the attorney-client privilege protects the Postal Service from unnecessary legal risk. And that’s smart business.