20 CFR § 402.15 - Ssa's Foia Policy.

---
identifier: "/us/cfr/t20/s402.15"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "20 CFR § 402.15 - SSA's FOIA policy."
title_number: 20
title_name: "Employees' Benefits"
section_number: "402.15"
section_name: "SSA's FOIA policy."
chapter_name: "SOCIAL SECURITY ADMINISTRATION"
part_number: "402"
part_name: "AVAILABILITY OF INFORMATION AND RECORDS TO THE PUBLIC"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "89 FR 102711, Dec. 18, 2024, unless otherwise noted."
cfr_part: "402"
---


# 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, 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. 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.