---
kind: "section"
citation: "20 C.F.R. § 402.15"
title: "20"
number: "402.15"
heading: "SSA's FOIA policy."
url: "https://uscodex.org/cfr/20/402.15"
---

# §402.15. SSA's FOIA policy.

- (a) **Presumption of openness.** SSA will withhold information only if we reasonably foresee that disclosure would harm an interest protected by a FOIA exemption or if disclosure is prohibited by law.
- (b) **Authority to release and withhold records.** As described in [§ 402.50](/cfr/20/402.50.md), the agency's FOIA Officer, or the FOIA Officer's designee, has the authority to:
  - (1) Release or withhold records in response to initial requests;
  - (2) Grant or deny expedited processing; and
  - (3) **Reduce or waive fees.**
- (c) **Records publicly available.** We make available for public inspection in an electronic format records that are final and have been requested and released three or more times and other specified records described in [§ 402.155](/cfr/20/402.155.md). We do not make available for public inspection records that are not static, such as the Open Access Death Master File.
- (d) **Required record production.** The FOIA does not require an agency to give opinions, conduct research, answer questions, or create records.

## Notes

### Authority

Authority: 42 U.S.C. 405, 902(a)(5), and 1306); 5 U.S.C. 552 and 552a; 18 U.S.C. 1905; 26 U.S.C. 6103; 31 U.S.C. 9701; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235.

### Source

Source: 89 FR 102711, Dec. 18, 2024, unless otherwise noted.