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Definitions

General

Publicly available information is

[i]nformation that is generally accessible to the interested public in any form.[1]
information that has been published or broadcast for public consumption, is available on request to the public, is accessible on-line or otherwise to the public, is available to the public by subscription or purchase, could be seen or heard by any casual observer, is made available at a meeting open to the public, or is obtained by visiting any place or attending any event that is open to the public.[2]
[d]ata, facts, instructions, or other material published or broadcast for general public consumption; available on request to a member of the general public; lawfully seen or heard by any casual observer; or made available at a meeting open to the general public.[3]

Privacy

(1) Publicly available information means any information that you have a reasonable basis to believe is lawfully made available to the general public from:

(i) Federal, State, or local government records;
(ii) Widely distributed media; or
(iii) Disclosures to the general public that are required to be made by Federal, State, or local law.

(2) Reasonable basis. You have a reasonable basis to believe that information is lawfully made available to the general public if you have taken steps to determine:

(i) That the information is of the type that is available to the general public; and
(ii) Whether an individual can direct that the information not be made available to the general public and, if so, that your consumer has not done so.[4]

References

  1. U.S. Export Administration Regulations, Part 772 (15 C.F.R. §772.1).
  2. The Attorney General's Guidelines for Domestic FBI Operations, at 44 (full-text).
  3. ATP 2-22.9, at Glossary-5.
  4. 16 C.F.R. Part 313, Section 313.3(p).

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