---
kind: "section"
citation: "43 C.F.R. § 2.288"
title: "43"
number: "2.288"
heading: "What criteria will the Department consider in responding to my Touhy Request?"
url: "https://uscodex.org/cfr/43/2.288"
---

# §2.288. What criteria will the Department consider in responding to my Touhy Request?


In deciding whether to grant your Touhy Request, the appropriate Department official will consider:

- (a) Your ability to obtain the testimony or records from another source;
- (b) The appropriateness of the employee testimony and record production under the relevant regulations of procedure and substantive law, including the FOIA or the Privacy Act; and
- (c) **Our ability to—**
  - (1) Conduct our official business unimpeded;
  - (2) Maintain impartiality in conducting our business;
  - (3) Minimize the possibility that we will become involved in issues that are not related to our mission or programs;
  - (4) Avoid spending public employee's time for private purposes;
  - (5) Avoid the negative cumulative effect of granting similar requests;
  - (6) Ensure that privileged or protected matters remain confidential; and
  - (7) **Avoid undue burden on us.**

## Notes

### Source

Source: 65 FR 46369, July 28, 2000, unless otherwise noted. Redesignated at 67 FR 64530, Oct. 21, 2002. Redesignated at 77 FR 76902, Dec. 31, 2012; 78 FR 6216, Jan. 30, 2013.

### Authority

Authority: 5 U.S.C. 301, 552, 552a, 553, 31 U.S.C. 3717, 43 U.S.C. 1460, 1461, the Social Security Number Fraud Prevention Act of 2017, Pub. L. 115-59, September 15, 2017.

### Source

Source: 40 FR 7305, Feb. 19, 1975, unless otherwise noted.