FOIA - Exemptions and Appeals
EXEMPTIONS
The Act establishes nine (9) exemptions under 5 U.S.C. ยง 552(b), which provide the only basis for an Agency to withhold or deny records in part or full denial of records. A requester has the right to appeal the agency's decision to withhold records.
Below is the list of exemptions with a brief description of each exemption.
Exemption 1- Matter of National Defense of Foreign Policy
This exemption authorizes an agency to withhold records concerning national defense or foreign policy.
Exemption 2 - Internal Agency Rules
This exemption protects records related solely to the internal personnel rules and practices of an agency.
Exemption 3 - Information Exempted by Other Statutes
Records that are specifically exempted from disclosure by another Federal Statute is exempt from disclosure under FOIA.
Exemption 4 - Trade Secrets, Commercial or Financial Information (Confidential Business Information)
This exemption requires the agency to withhold trade secrets and commercial or financial information obtained from a person that is privileged or confidential. EPA regulations elaborating on exemption 4 is found at 40 CFR Part 2, Subpart B.
Exemption 5 - Privileged Inter-Agency or Intra-Agency Memoranda
This exemption allows the agency to withhold from disclosure inter-agency or intra-agency memoranda or letters which falls under one or more of the privileges recognized in civil discovery. Some of the most privileges are:
- Deliberative process privilege
- Attorney work-product privilege
- Attorney-client privilege
- Government commercial information privilege
- Expert witness report privilege
- Investigative report privilege
- Confidential informant privilege
Exemption 6 - Personal Privacy
Exemption 6 requires the withholding of all information about individuals in personnel, medical and similar files, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Exemption 7 - Records or Information Compiled for Law Enforcement Purposes
Exemption 7 applies to all records or information compiled for law enforcement purposes whose release could reasonably be expected to cause the specified harm. Below are six instances to withhold records under exemption 7:
- 7(A) Interference with enforcement proceedings
- 7(B) Deprive a person of the right to a fair trial
- 7(C) Unwarranted invasion of personal privacy
- 7(D) Disclose identity of confidential source
- 7(E) Reveal investigory techniques, procedures or guidelines
- 7(F) Endanger life or safety of any individual
Exemption 8 - Records of Financial Institutions
This exemption applies to reports prepared for agencies responsible for the regulation or supervision of financial institutions.
Exemption 9 - Geological and Geophysical Information and Data Concerning Wells
This exemption pertains to geological and geophysical information and data including maps, concerning wells.
RIGHT TO APPEAL
Requesters have the right to appeal the Agency's decision to withhold all or portions of records; when the Agency indicates there are no records responsive; a denial for waiver of fees; and when a request for expedited processing is denied. Your written appeal must be submitted to the EPA Headquarters address listed below no later than 30 calendar days from the date of the denial letter. An appeal to a fee waiver denial should be sent immediately to the same address listed below.
Your appeal must reference the Request Identification Number (RIN), the date of the initial denial determination, the name and address of the person who issued the denial. Your appeal should also identify the records to which access was denied.
Address your written appeal to the U.S. EPA, Freedom of Information Operations Office at:
1200 Pennsylvania Avenue NW, Mailstop 2822T, Washington, D.C. 20460.
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