FOIA Exemptions

The FOIA contains nine exemptions to providing access to Federal records as follows:

Exemption 1 (National Security): Records which are specifically authorized under criteria established by an Executive Order to be kept secret in interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive Order.
Exemption 2 (Internal Personnel Rules and Practices): Records related solely to the internal personnel rules and practices of the Agency.
Exemption 3 (Exempted from Disclosure by Statue): Records specifically exempted from disclosure by statute, provided that such statue: a. Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issues; or b. Establishes particular criteria for withholding or refers to particular types of matters to be withheld.
Exemption 4 (Trade Secrets and Privileged or Confidential Information): Trade secrets and commercial or financial information obtained from a person that is privileged or confidential.
Exemption 5 (Inter-Agency or Intra-Agency Memorandums or Letters): Inter-Agency or Intra-Agency memoranda or letters which would not be available by law to a private party in litigation with the Agency.
Exemption 6 (Personal Privacy Interests): Personnel, medical, and similar files (including financial files); the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Exemption 7 (Records Compiled for Law Enforcement Purposes): Records compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records:
1. Could reasonably be expected to interfere with enforcement proceedings;
2. Would deprive a person of a right to a fair trial or an impartial adjudication;
3. Could reasonably be expected to constitute an unwarranted invasion of personal privacy;
4. Could reasonably be expected to disclose the identity of a confidential source, including a state, local, or foreign Agency or authority or any private institution which furnished records on a confidential basis;
5. Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; OR
6. Could reasonably be expected to endanger the life or physical safety of any individual.
Exemption 8 (Regulation or Supervision of Financial Institution): Records that are contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of any Agency responsible for the regulation or supervision of financial institutions.
Exemption 9 (Geological and Geophysical Information): Geological and geophysical information and data, including maps, concerning wells.