| Por
el momento, esta página esta disponible solamente
en Inglés, pero muy pronto usted la encontrará
tambien en Español. |
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As originally enacted in 1966, Exemption 3 was broadly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.
|