NCJ Number
143227
Date Published
1992
Length
273 pages
Annotation
This book is an overview discussion of the Freedom of Information Act's (FOIA's) exemptions, its law enforcement record exclusions, and it most important procedural aspects.
Abstract
Following an introductory outline of the FOIA's provisions, procedural requirements are explained. Then the nine exemptions are reviewed. Exemption 1 protects from disclosure national security information that pertains to the national defense or foreign policy, provided that it has been properly classified in accordance with the substantive and procedural requirements of an executive order. Exemption 2 prohibits from mandatory disclosure records "related solely to the internal personnel rules and practices of an agency," and Exemption 3 incorporates the disclosure prohibitions that are contained in various other Federal statutes. Exemption 4 protects "trade secrets and commercial or financial information obtained from a person which is privileged or confidential." Exemption 5 protects "inter- agency or intra-agency memorandums or letters which would not be available by law to a party . . . in litigation with the agency." Exemptions 6 and 7 protect personal privacy interests. Exemption 8 covers matters that are "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," and exemption 9 exempts "geological and geophysical information and data, including maps, concerning wells." Other sections of the book discuss exclusions, fees and fee waivers, and litigation considerations. Basic FOIA references, a subject index, and table of cases