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It is the policy of the agency to make records available to the
public to the greatest extent possible, in keeping with the spirit
of the FOIA, while at the same time protecting sensitive information.
The following is a list of FOIA exemptions which apply to Government
information in accordance with 5 U.S.C. 552(b):
(b)(1)
EXEMPTION 1 Classified Secret Matters or National Defense or Foreign
Policy.
This exemption protects from disclosure national security
information concerning the national defense or foreign policy, provided
that it has been properly classified in accordance with the substantive
and procedural requirements of an executive order.
(b)(2)
EXEMPTION 2 Internal Personnel Rules and Practices.
This exemption exempts from mandatory disclosure records
"related solely to the internal personnel rules and practices
of an agency." Courts have interpreted the exemption to encompass
two distinct categories of information:
(a) internal
matters of a relatively trivial nature--sometimes referred to as
"low2" information; and
(b) more substantial
internal matters, the disclosure of which would risk circumvention
of a legal requirement--sometimes referred to as "high 2"
information.
(b)(3)
EXEMPTION 3 Information Specifically Exempted by Other Statutes.
This exemption incorporates the disclosure prohibitions
that are contained in various other federal statutes. As originally
enacted in 1966, Exemption 3 was broadly phrased so as to simply
cover information "specifically exempted from disclosure by
statute." The new Exemption 3 statue prohibits agencies from
releasing under the FOIA any proposal "submitted by a contractor
in response to the requirements of a solicitation for a competitive
proposals," unless that proposal "is set forth or incorporated
by reference in a contract entered into between the agency and the
contractor that submitted the proposal."
(b)(4)
EXEMPTION 4 Trade Secrets, Commercial or Financial Information.
This exemption protects "trade secrets and commercial
or financial information obtained from a person [that is] privileged
or confidential." This exemption is intended to protect the
interest of both the government and submitter of information.
(b)(5)
EXEMPTION 5 Privileged Interagency or Intra-Agency Memoranda or
Letters.
This exemption protects "inter-agency or intra-agency
memorandums of letters which would not be available by law to a
party ...in litigation with the agency." As such, it has been
construed to "exempt those documents, and only those documents,
normally privileged in the civil discovery context."
(b)(6)
EXEMPTION 6 Personal Information Affecting an Individual's Privacy.
This exemption permits the government to withhold all information
about individuals in "personnel and medical files and similar
files" when the disclosure of such information " would
constitute a clearly unwarranted invasion of personal privacy."
This exemption cannot be invoked to withhold from a requester information
pertaining to the requester.
(b)(7)
EXEMPTION 7 Investigatory Records Compiled for Law Enforcement Purposes.
As amended, this exemption protects from disclosure records
or information compiled for law enforcement purposes.
(b)(7)
EXEMPTION 7(A) Records or Information That Could Reasonably by Expected
to Interfere With Enforcement Proceedings.
This exemption authorizes the withholding of "records
or information compiled for law enforcement purposes, but only to
the extent that production of such law enforcement records or information
... could reasonably be expected to interfere with enforcement proceedings."
(b)(7)
EXEMPTION 7(B) Disclosure Which Would Deprive a Person of a Fair
Trial or an Impartial Adjudication.
Records that would prevent prejudicial pretrial publicity
that could impair a court proceeding, protects "records or
information compiled for law enforcement purposes [the disclosure
of which] would deprive a person of the right to a fair trial or
an impartial adjudication."
(b)(7)
EXEMPTION 7(C) Personal Information in Law Enforcement Records.
This exemption provides protection for personal information
in law enforcement records. This exemption is the law enforcement
counterpart to Exemption 6, providing protection for law enforcement
information the disclosure of which "could reasonably be expected
to constitute an unwarranted invasion of personal privacy."
(b)(7)
EXEMPTION 7(D) Identity of a Confidential Source.
This exemption provides protection for "records or
information compiled for law enforcement purposes [which] could
reasonably be expected to disclose the identity of a confidential
source --including a State, local, or foreign agency or authority
or any private institution which furnished information on a confidential
basis--and, in the case of a record or information compiled by a
criminal law enforcement authority in the course of a criminal investigation,
or by an agency conducting a lawful national security intelligence
investigation, information furnished by a confidential source."
(b)(7)
EXEMPTION 7(E) Circumvention of the Law.
This exemption affords protection to all law enforcement
information which "would disclose techniques and procedures
for law enforcement investigations or prosecutions, or would disclose
guidelines for law enforcement investigations or prosecutions if
such disclosure could reasonably be expected to risk circumvention
of the law."
(b)(7)
EXEMPTION 7(F) Physical Safety to Protect a Wide Range of Individuals.
This exemption permits the withholding of information necessary
to protect the physical safety of a wide range of individuals. Whereas
Exemption 7(F) previously protected records that "would ...endanger
the life or physical safety of law enforcement personnel,"
the amended exemption provides protection to "any individual
when disclosure of information about him or her "could reasonably
be expected to endanger [his/her] life or physical safety."
(b)(8)
EXEMPTION 8 Records of Financial Institutions.
This exemption covers matters that are "contained in
or related to examination, operating, or condition reports prepared
by, on behalf of, or for the use of an agency responsible for the
regulation or supervision of financial institutions."
(b)(9)
EXEMPTION 9 Geographical and Geophysical Information Concerning
Wells.
This exemption covers "geological and geophysical information
and data, including maps, concerning wells.
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