Under the FOIA Act, a document can be withheld or parts of a document can be redacted from public records requests if it falls under any of the nine exemptions listed under 5 U.S.C. § 552(b):
- National Security: All information that is classified for national security reasons is exempt from FOIA requests
- Internal Rules: Records related solely to the internal personnel rules and practices of an agency
- Statutory exemption created:
- Certain agency information in the future can be exempted if a Federal statute is created explicitly stating the fact
- This allows Congress to potentially add documents that can be exempted beyond the original nine exemptions outlined in the FOIA statute
- All new statutes that are created for the purpose of withholding certain documents must:
- It requires that the matters be withheld from the public so as to leave no discretion on issue
- It establishes particular criteria for withholding or refers to particular types of subjects to be withheld
- The statute must contain a specific citation to subsection (b)(3) of the FOIA statute
- Certain agency information in the future can be exempted if a Federal statute is created explicitly stating the fact
- Trade secrets: Commercial or financial information (that is either privileged or confidential) which could harm the competitive posture or business interests of a company
- Inter-agency or intra-agency memos: Letter/memos that contain opinions, conclusions, and recommendations utilized in the decision-making process are exempt – this protects drafts and items of that nature that represent the opinion of the author rather than the official agency
- Personal Privacy: Personnel and medical files and/or similar files that can be classified as an unwarranted invasion of personal privacy are exempt
- Law enforcement records: Records compiled for the purposes of Law Enforcement but only if the release of such information
- Interferes with enforcement proceedings (ex. Open Investigations)
- Would deprive a person of a right to a fair trial or an impartial adjudication
- Could be seen as an unwarranted invasion of the personal privacy of a third party such as an officer
- Disclose the identity/identities of confidential sources
- Reveal techniques and procedures for law enforcement investigations or prosecutions
- Endanger the life or physical safety of an individual
- Financial institution reports: Information 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
- In Summary: Protects information related to financial institutions
- Financial Institutions are defined to be by the U.S Court of Appeals for the District of Columbia circuit as “an organization authorized to do business under state or federal laws relating to financial institutions, including, without limitation, banks and trust companies, savings banks, building and loan associations, savings and loan companies or associations, and credit unions”
- In Summary: Protects information related to financial institutions
- Geological and geophysical information: Data such as maps which contains such information
- Mostly applies to things such as oil and gas wells