Not all records are required to be released under the Freedom of Information Act. There are nine exemptions established by Congress from disclosure for certain categories of information to protect against certain harms, such as an invasion of personal privacy, or harm to law enforcement investigations. The FOIA authorizes agencies to withhold information pertaining to these nine exceptions where disclosure could harm interest

Exemptions:

• Information that is classified to protect national security.

• Information related solely to the internal personnel rules and practices of an agency.

• Information that is prohibited from disclosure by another federal law.
• Trade secrets or commercial or financial information that is confidential or privileged.

• Privileged communications within or between agencies, including those protected by the: Deliberative Process Privilege (provided the records were created less than 25 years before the date on which they were requested); Attorney-Work Product Privilege; Attorney-Client Privilege

• Information that, if disclosed, would invade another individual’s personal privacy.

• Information compiled 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; (E). Would disclose techniques and procedures for law enforcement investigations or prosecutions; (F). Could reasonably be expected to endanger the life or physical safety of any individual

• Information that concerns the supervision of financial institutions.

• Geological information on wells.

Additionally, Congress has provided special protection in the FOIA for three narrow categories of law enforcement and national security records, which are known as exclusions.

• The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings.

• The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed.

• The third exclusion is limited to the Federal Bureau of Investigation and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified.  Records falling within an exclusion are not subject to the requirements of the FOIA.  So, when an office or agency responds to your request, its response will encompass those records that are subject to the FOIA.

If you are seeking FOIA records and would like assistance, our experienced firm would be happy to guide you through the process and help you get the information you seek. Call us today for your free, initial consultation.