Shall summary judgment be awarded in favor of an agency in a Privacy Act suit to compel notice of records existence based on agency declaration

Questions Presented for Review 1. Shall summary judgment be awarded in favor of an agency in a suit under the Privacy Act to compel notice of the fact of the existence of records pertaining to a requester ina Privacy Act system of records on the basis of the agency's declaration stating that notice of records was withheld according to the agency’s lower standard for granting access to identified records? 2. Shall summary judgment be awarded in favor of a non-FBI agency against whom a reasonable claim of misapplication of 5 U.S.C. § 552(c) has been asserted with respect to a Privacy Act request for notice of the existence of records pertaining to a requester in a system of records containing classified records regarding terrorism, when the agency has not submitted a sealed affidavit either justifying its application of 5 U.S.C. § 552(c) or asserting that no records were withheld pursuant to 5 U.S.C. § 552(c)? 3. May the Privacy Act systems of records supplied by a requester in a request for , notice of the fact of the existence of records pertaining to him in those systems be only partially searched or even ignored entirely by the agency when responding to his request? oa i List of Proceedings 1. Wynship W. Hillier v. Central Intelligence Agency, United States Department of State, and United States Department of Homeland Security, No. 16-cv-1836 (DLF), United States District Court for the District of Columbia. Judgment entered Sept. 27, 2019. 2. Wynship W. Hillier v. Central Intelligence Agency, United States Department of State, and United States Department of Homeland Security, No. 19-5339, United States Court of Appeals for the District of Columbia Circuit. Judgment entered April 17, 2020. ii