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Exemption 1
Posted: October 19, 2011 04:57PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 1 covers information “specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (B) are in fact properly classified pursuant to such Executive order.” 5 U.S.C. § 552 (b)(1). The types of information that may be withheld under Exemption 1, pursuant to Executive Order 13526 , signed by President Barack Obama on December 29, 2009, are: Military plans, weapons systems or operations Foreign government information |
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Exemption 2
Posted: October 19, 2011 05:11PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 2 covers records that are “related solely to the internal personnel rules and practices of an agency.” 5 U.S.C. § 552 (b)(2). On March 7, 2011, the United States Supreme Court issued a landmark opinion pertaining to Exemption 2 that significantly narrowed the scope of this exemption. See Milner v. Department of the Navy, 131 S.Ct. 1259, 562 U.S. (2011). The Supreme Court limited the scope of Exemption 2 to encompass only records relating to |
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Exemption 3
Posted: October 19, 2011 05:13PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 3 incorporates nondisclosure provisions contained in other Federal statutes. See 5 U.S.C. § 552(b)(3). Agencies invoked 150 such statutes in the year ending September 30, 2010, according to the Department of Justice (DOJ). Federal district courts, Federal appellate courts or the U.S. Supreme Court have upheld 67 Exemption 3 statutes, including two in which another Federal court found the statutes not to qualify as Exemption 3 statutes, according to DOJ. Some examples of information exempted from disclosure |
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Exemption 4
Posted: October 19, 2011 05:19PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 4 protects trade secrets and commercial or financial information that is obtained from a person and that is privileged or confidential. See 5 U.S.C. § 552(b)(4). The exemption is intended to protect the interests of both the government and individuals and companies who submit commercial or financial information to the government. |
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Exemption 5
Posted: October 19, 2011 05:20PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 5 protects “inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.” 5 U.S.C. § 552 (b)(5). Courts have interpreted this exemption to incorporate privileges recognized in civil discovery. Even though discovery is intended to promote the exchange of information to avoid surprises at trial, privileges allow one party in litigation not to disclose certain information to the other party. Privileges often |
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Exemption 6
Posted: October 19, 2011 05:22PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 6 protects information about individuals in “personnel and medical files and similar files” when the disclosure of such information “would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. § 552 (b)(6). |
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Exemption 7
Posted: October 19, 2011 05:28PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 7 protects from disclosure “records or information compiled for law enforcement purposes” if disclosure would cause one or more of the harms enumerated in the six sub-sections of this exemption. 5 U.S.C. § 552 (b)(7) Information may be withheld if the disclosure of such information: (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 |
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Exemption 8
Posted: October 19, 2011 05:46PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 8 protects information “contained in or 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.” 5 U.S.C. § 552 (b)(8). |
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Exemption 9
Posted: October 19, 2011 05:47PMPreview There are nine exemptions to the Freedom of Information Act; each allows agencies to withhold specific types of information. Exemption 9 allows agencies to withhold “geological and geophysical information and data, including maps, concerning wells.” 5 U.S.C. § 552 (b)(9). |
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