White House Denies Access to Visitor Records

The Secret Service has denied separate requests for White House visitor logs, stating that the logs are not agency records covered by the Freedom of Information Act (FOIA), but instead are governed by the Presidential Records Act. The argument is the same one used by the George W. Bush administration to deny access to visitor logs. Politically, the situation creates skepticism about the Obama administration's promises regarding more transparency in government. From a records management perspective, the situation raises interesting questions regarding the concept of office of record and challenges the idea that a record's creator is also responsible for its control.

Two groups have sought White House visitor logs. Citizens for Responsibility and Ethics in Washington (CREW) asked for logs showing White House visits by coal company executives. MSNBC sought logs of all White House visitors from January 20 to the present. Both requests were denied by the Secret Service, which claimed that the records remain under the "exclusive legal custody and control of the White House and the Office of the Vice President."

But White House visitor logs are created by the Secret Service and maintained by the agency in two databases. The Worker and Visitor Entry System contains information submitted to the Secret Service regarding planned visits to the White House.  It includes such details as the date of the request and the time, location, and person to be visited. The Access Control Records System database captures data when anyone swipes an entry pass over an electronic reader, recording the visitor’s name, badge, location, and time of entry and exit.

In most records management programs, the function that creates and maintains records is usually considered the office of record, that is, the custodian of the official record, responsible for its retention, disposition, and production in response to requests. Whether this is true for the Secret Service depends on the outcome of ongoing litigation.

In May 2006, the Bush administration executed a memorandum of understanding with the Secret Service, declaring that that logs are agency records under White House control. CREW requested specific visitor records in October 2006, was denied, and filed a lawsuit. In 2007, a federal judge ruled that the logs were agency records subject to FOIA and gave the White house 20 days to produce the public records.

In September 2008, Homeland Security, which oversees the Secret Service, said it would not provide the logs, claiming they were protected under presidential communication privilege. The judge ruled again, on January 9 of this year, that the logs are not protected by privilege because they are not presidential communications; they are merely lists devoid of any content regarding meeting topics. Nevertheless, the Bush administration appealed the ruling on January 14. 

In its request, MSNBC specifically asked that any private information such as birth dates, Social Security numbers, and street addresses be excluded from any records produced.  The Secret Service noted that it will respond to the request pending the outcome of the current litigation. Meanwhile CREW said it will file another lawsuit in the coming week.

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