The Freedom of Information Act (FOIA) provides that any person has a right to obtain access to federal agency records, except to the extent that such records are protected from public disclosure based on nine exemptions and three exclusions.
FOIA Exemptions
- Exemption (b)(1) protects classified information from disclosure, under criteria established by an Executive order, in the interest of national defense or foreign policy.
- Exemption (b)(2) protects information related solely to the internal personnel rules and practices of an agency.
- Exemption (b)(3) protects information that is prohibited from disclosure by another federal law.
- For example, Rule 6(e) of the Federal Rules of Criminal procedure prohibits disclosure of grand jury records and therefore these records are subject to withholdings under (b)(3).
- Exemption (b)(4) protects trade secrets and privileged or confidential, commercial or financial information.
- For example, financial statements, balance sheets, commercial or financial information received in confidence through bids, contracts or proposals could be subject to withholdings under (b)(4).
- Exemption (b)(5) protects privileged communications within or between agencies, including those protected by deliberative process privilege, attorney-work product privilege, or attorney-client privilege.
- For example, draft pre-decisional records, litigation settlement e-mails and written legal advice from agency attorneys could be subject to withholdings under (b)(5).
- Exemption (b)(6) prohibits disclosure of any record which constitute a clearly unwarranted invasion of personal privacy.
- For example, personnel or medical records may be subject to withholdings under (b)(6).
- Exemption (b)(7) protects from disclosure records or information complied for law enforcement purposes that: (A) could reasonably be expected to interfere with enforcement proceedings; (B) would deprive a person of a right to a fair trial or an impartial adjudication; (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy; (D) 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 that furnished information on a confidential basis; (E) 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; or (F) could reasonably be expected to endanger the life or physical safety of any individual.
- For example, investigative files; pending criminal or civil or administrative actions; background security investigations; affidavits; and sections of the IG Manual that detail subject interviewing, surveillance and other investigative techniques may be subject to withholdings under (b)(7).
- Exemption (b)(8) protects information from disclosure that is related to the regulation or supervision of financial institutions.
- Exemption (b)(9) protects from disclosure geological and geophysical information and data, including maps, concerning wells.
Three FOIA Exclusions
- The first exclusion protects against disclosure of pending criminal law enforcement investigations where there is reason to believe that the subject is unaware of the investigation and disclosure would interfere with the investigation.
- The second exclusion applies to records maintained by criminal law enforcement agencies; it protects against disclosure of unacknowledged, confidential informants.
- The third exclusion applies only to the Federal Bureau of Investigation; it protects against disclosure of foreign intelligence, counterintelligence or international terrorism, when the existence of such records constitutes classified information.