September 4, 1998

To:       Designated FOIA Attorneys

From:     Assistant Solicitor, Branch of General Legal Services
             Division of General Law

Subject:  "Glomar" responses to Freedom of Information Act (FOIA) requests

As you may know, a "Glomar" response is an agency's express refusal even to confirm or deny the existence of any records responsive to a FOIA request. This type of response was first judicially recognized in the national security context. Phillippi v. CIA, 546 F.2d 1009, 1013 (D.C. Cir. 1976) (raising issue of whether CIA could refuse to confirm or deny its ties to Howard Hughes' submarine retrieval ship, the Glomar Explorer). Although the "Glomarization" principle originated in a FOIA exemption (1) case, it can be applied in cases involving other FOIA exemptions as well, in particular privacy exemptions (6) and (7)(C). A "Glomar" response can be justified only when the confirmation or denial of the existence of responsive records would, in and of itself, reveal exempt information.

Because bureaus and offices occasionally question when it is appropriate to give a "Glomar" response, I am attaching for your information copies of the Department of Justice's (DOJ) guidance on privacy "Glomarization". This information should be helpful in providing advice to your client bureaus and offices on this issue. By copy of this memorandum, I am requesting that the Departmental FOIA Officer forward DOJ's guidance to the bureau and office FOIA Officers. The FOIA Officers should be advised to consult with their designated FOIA attorneys in determining whether to issue a "Glomar" response to a FOIA request.

					    /s/ Robert H. Moll

Attachments

cc:   Departmental FOIA Officer (w/attachments)