Abstract: On July 15, 2011, in Electronic Privacy Information Center v. U.S. Department of Homeland Security, the U.S. Court of Appeals for the D.C. Circuit held that to prove a violation of the Privacy Act, a plaintiff must show evidence of specific conduct. Yet, the current system of Freedom of Information Act exceptions and presumptions makes it exceedingly difficult for a plaintiff to gain access to evidence of specific conduct. Therefore, this Comment argues that these presumptions make it almost impossible for a plaintiff to discover and sue a defense agency for a Privacy Act violation, thereby leaving no realistic opportunity for relief to aggrieved parties.