---
kind: "section"
citation: "20 C.F.R. § 402.95"
title: "20"
number: "402.95"
heading: "Release of records."
url: "https://uscodex.org/cfr/20/402.95"
---

# §402.95. Release of records.

- (a) **Records previously released.** If we have released a record, or a part of a record, to others in the past, we will ordinarily release it to the requester, as well. However, we will not release it to a requester if a statute forbids this disclosure; an exemption applies that was not previously applicable; or if the previous release was unauthorized.
- (b) **Withholding records.** [Section 552(b)](/cfr/20/552.md?p=b) of the FOIA explains the nine exemptions under which we may withhold records requested under the FOIA. Within [§§ 402.115 through 402.150](/cfr/20/402.115..402.150.md), we describe the FOIA exemptions and explain how we apply them to disclosure determinations. In some cases, more than one exemption may apply to the same document. [Section 552(b)](/cfr/20/552.md?p=b) of the FOIA, while providing nine exemptions from mandatory disclosure, does not itself provide any assurance of confidentiality by the agency.
- (c) **FOIA library.** If the record(s) requested are already publicly available, either in our electronic FOIA library or elsewhere online, such as at www.ssa.gov, we will direct the requester to the publicly available record(s).
- (d) **Poor copy.** If we cannot make a legible copy of a record to be released, we do not attempt to reconstruct it. Instead, we furnish the best copy possible and note its poor quality in our reply.

## 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.