Cyber Director Outlines Basic FOIA and Privacy Rules
Published Date: 3/31/2026
Proposed Rule
Summary
The Office of the National Cyber Director is setting clear rules for how it handles requests for information under the Freedom of Information Act and protects personal info under the Privacy Act. This means anyone can ask for records and expect a fair, open process starting soon. Comments on these new rules are open until May 15, 2026, with no big costs expected.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
ONCD Issues FOIA & Privacy Rules
The Office of the National Cyber Director is publishing its first rules for how it handles requests under the Freedom of Information Act and Privacy Act. These rules say ONCD will accept written FOIA requests, process Privacy Act system-of-record requests under the same part, and invites public comment through May 15, 2026.
FOIA Fees, Waivers, and Limits
ONCD will charge direct-cost fees for search, review, and duplication: photocopies at $0.10 per page; the first 100 pages of copies are free unless for commercial use. Search fees are not charged for educational, scientific, or news media requests, and non-commercial requesters receive the first two hours of search time free. If fees are likely to exceed $25 ONCD will notify you; ONCD may require advance payment if total fees exceed $250 or you previously failed to pay, and ONCD may administratively close requests if you do not respond within 30 calendar days.
Response Times, Expedited Requests, Appeals
ONCD will aim to make an initial FOIA determination within twenty (20) working days after a perfected request, may toll that period one time for information from the requester, and may extend for 'unusual circumstances.' Requests for expedited processing must be decided within ten (10) calendar days; appeal of an adverse determination must be filed within ninety (90) calendar days and ONCD will decide appeals within twenty (20) working days.
Request Format and Electronic Records Rules
Requests must be in writing and in English and may be submitted by postal mail, fax, or in the body of an email (ONCD will not accept email attachments or web links). You may specify a preferred format; if you do not, ONCD will provide scanned records electronically and will provide records in an electronic format if they are 'readily reproducible.'
Business Confidentiality and 10‑Year Designation
Business information provided to ONCD may be designated as confidential under FOIA Exemption 4; such designations will expire ten years after submission unless the submitter requests and justifies a longer period. ONCD will notify submitters when a FOIA request seeks their business information and give them an opportunity to object and explain why disclosure would cause competitive harm.
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