What does the Presidential Records Act say about access to White House files that mention private individuals?
Executive summary
The Presidential Records Act (PRA) makes most White House records the property of the United States and sets rules for when and how the public may access them, but it draws a line between “presidential records” and purely “personal” records regarding private individuals, and it gives sitting and former Presidents substantial control over access during and after their terms [1] [2]. Public access generally begins five years after an administration ends under FOIA as modified by the PRA, subject to statutory exemptions and presidential assertions of privilege that can delay disclosure for up to 12 years [1] [3] [4].
1. What counts as a record that mentions private individuals — presidential versus personal records
Materials that “relate to or have an effect upon the carrying out of the constitutional, statutory, or other official or ceremonial duties of the President” are statutory “presidential records” even if they name or concern private individuals; by contrast, “personal records” are documentary materials of a purely private or nonpublic character and are not subject to PRA retention and access rules [2] [5]. This statutory distinction means that a note, email, or photograph that touches on official business involving a private citizen becomes a presidential record and enters the PRA regime, while diaries or purely private communications about private matters do not [2] [5].
2. Who controls access while a President is in office and immediately after
While a President serves, the incumbent has exclusive custody and control over presidential records even if the Archivist physically stores them at NARA by agreement; any access requests or legal orders during that time are directed to the President, not to the Archivist [6] [4]. Upon leaving office, the Archivist takes custody and begins preparing the records for public access, but the PRA requires the outgoing President to separate personal from presidential records before transfer [7] [1].
3. When and how the public can access records that mention private individuals
The PRA ties public access to the Freedom of Information Act: presidential records are generally eligible for FOIA requests five years after the end of the administration, at which point NARA processes requests and applies FOIA exemptions as modified by the PRA [1] [8]. For records that contain private individuals’ information, the same FOIA exemptions that protect personal privacy (and others) may justify withholding or redaction after the five-year mark, and the Archivist administers release subject to those statutory rules [9] [3].
4. Presidential restrictions, privilege assertions, and special access for Congress or courts
An incumbent or former President may invoke up to six specific restrictions to delay public disclosure for as long as 12 years after leaving office; additionally, constitutionally based privileges (such as executive privilege) may be asserted and are recognized in the PRA’s implementing procedures [3] [9]. Separate “special access” procedures exist for Congress, the courts, and subsequent administrations to obtain records closed to the public, but these requests follow statutory privilege review by former and incumbent Presidents and by Executive Orders implementing section 2204(c) [3] [9].
5. Practical limits, enforcement and competing viewpoints
The PRA does not create a private right of action for the public to compel release in many circumstances and courts have become the forum when disputes arise over asserted presidential privileges or Archivist determinations [5] [10]. Critics and some advocacy groups argue that the PRA unduly empowers Presidents to control access, with organizations like America First Legal contesting NARA’s authority and asserting a broader view of presidential ownership; supporters of the statutory scheme point to Congress’s explicit decision in 1978 to treat these materials as public property and to vest NARA with post‑term custodial duties [11] [1].
6. What this means for files naming private people — the bottom line and reporting limits
If a White House file mentioning a private individual relates to official duties it is a presidential record and thus subject to PRA retention and, after five years, FOIA procedures and applicable exemptions; strictly private materials are not covered and should be separated before transfer to NARA [2] [1] [7]. Reporting and article sources used here explain statutory mechanics and dispute lines of control, but do not resolve case‑specific questions about particular documents — when disputes or privilege claims arise they are typically litigated or handled under NARA’s special‑access procedures [10] [3].