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FOIA Exemptions Most Often Used by the OIG
  • Exemption (b)(2) authorizes the withholding of matters that are related to the internal rules and practices of an agency, such as certain investigative manuals and techniques.

  • Exemption (b)(3) protects from disclosure material(s), the disclosure of which is prohibited by another statute. In most OIG cases, Rule 6(e) of the Federal Rules of Criminal Procedure provides that parties in possession of information which is part of a Grand Jury proceeding may make disclosure only by court order.

  • Exemption (b)(5) authorizes the withholding of opinions and recommendations contained in intra-agency and inter-agency documents which are developed prior to the issuance of a final agency determination. The purpose of this exemption is to facilitate the frank exchange of ideas and recommendations which are necessary in making informed agency decisions.

  • Exemption (b)(6) authorizes the withholding of names and details of personal information related to various individuals which, if disclosed to the public, would constitute a clearly unwarranted invasion of personal privacy through harassment or unsolicited inquiries.

  • Exemption (b)(7)(A) permits the withholding of records or information compiled for law enforcement purposes, when the disclosure of such information could reasonably be expected to interfere with an ongoing enforcement proceeding in which final action has not been reached.

  • Exemption (b)(7)(C) authorizes the withholding of names and details of personal information related to various individuals which, if disclosed to the public, could reasonably be expected to constitute an unwarranted invasion of personal privacy.

  • Exemption (b)(7)(D) of the Freedom of Information Act allows the withholding of names, addresses, telephone numbers, job titles, and any other information which may lead to the identification of individuals from whom the Government received information in confidence, or under circumstances implying confidentiality. In addition to source identity, confidential information furnished to law enforcement authorities in the course of an investigation may also be withheld.

  • Exemption (b)(7)(E) authorizes the withholding of information if its release would disclose investigative techniques and/or procedures, thereby impairing their future effectiveness.

  • Exemption (b)(7)(F) allows the withholding of names and other relevant information which, if disclosed to the public, would endanger the life or physical safety of law enforcement personnel.

 



 
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