NCJ Number
102434
Journal
FBI Law Enforcement Bulletin Volume: 55 Issue: 8 Dated: (August 1986) Pages: 13-18
Date Published
1986
Length
6 pages
Annotation
This article explains exemptions under the Freedom of Information Act (FOIA), emphasizing exemptions that protect sensitive law enforcement records, and reviews court decisions on the applications of some of these exemptions.
Abstract
Among the nine FOIA exemptions, two primarily concern law enforcement agencies. Exemption 1 authorizes the withholding of all documents properly classified for national security purposes. When a requester of such information files suit in court to compel release of classified information, the Federal courts are entitled to review the classified material to determine whether the information properly falls within the criteria of the classifying executive order in effect at the time the agency determination is made. Courts rarely order the release of properly classified material. FOIA's exemption 7 protects sensitive law enforcement records. Exempt records are those whose disclosure would interfere with enforcement proceedings, deprive a person of a fair trial, invade personal privacy, disclose the identity of a confidential source, reveal investigative techniques and procedures, or endanger law enforcement personnel. These broad protections for law enforcement records, coupled with responsible court decisions on the application of the exemption, have prevented legitimate law enforcement operations from being hindered by FOIA. 2 footnotes.