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Under Freedom of Information Act, these are documents that are created or obtained by a government agency, and are in the agency's control at the time the information request is made 85 USCA § 552 The Supreme Court has elaborated on the meaning of the term 'agency records' on at least two occasions. Kissinger v. Reporters Committee for Freedom of the Press involved three separate FOIA requests for the transcripts and summaries of Henry Kissinger's telephone conversations (telephone notes) which were maintained while he was Secretary of State and national security advisor to the President. While still serving in the State Department, Dr. Kissinger transferred the telephone notes from his office to a private location and entered into an agreement deeding those notes to the Library of Congress. Dr. Kissinger treated the notes as his own personal papers. Two of the three FOIA requests in the Kissinger case were filed after the telephone notes had been taken from the State Department.
As to those requests, the Court did not even reach the question of whether the telephone notes were agency records, because it found that a separate jurisdictional requirement of the Act had not been met: ...
