{"data":{"id":"us/43-cfr-2.288","jurisdiction":"us","citation":"43 CFR 2.288","heading":"What criteria will the Department consider in responding to my Touhy Request?","body":"In deciding whether to grant your Touhy Request, the appropriate Department official will consider:\n(a) Your ability to obtain the testimony or records from another source;\n(b) The appropriateness of the employee testimony and record production under the relevant regulations of procedure and substantive law, including the FOIA or the Privacy Act; and\n(c) Our ability to:\n(1) Conduct our official business unimpeded;\n(2) Maintain impartiality in conducting our business;\n(3) Minimize the possibility that we will become involved in issues that are not related to our mission or programs;\n(4) Avoid spending public employee's time for private purposes;\n(5) Avoid the negative cumulative effect of granting similar requests;\n(6) Ensure that privileged or protected matters remain confidential; and\n(7) Avoid undue burden on us.","path":["Title 43—Public Lands: Interior","Subtitle A—Office of the Secretary of the Interior","PART 2—FREEDOM OF INFORMATION ACT; RECORDS AND TESTIMONY","Subpart L—Legal Process: Testimony by Employees and Production of Records"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-43.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:26:15Z","sha256":"d20fb660727955b4543297a761b3de685ab5c6234c2c630012df2bdad484c34b","source_id":"us-cfr","stale":true,"prev":"us/43-cfr-2.287","next":"us/43-cfr-2.289"},"notice":"GroundRules: Original legal text. Not legal advice."}