Exemptions
Contents
Introduction
FOIA contains a number of exemptions that permit agencies to withhold responsive records or portions thereof in response to a request.[1] Agencies may invoke more than one exemption at a time. In Poitras v. Dep’t of Homeland Sec., the FBI argued that portions of the filmmakers’ requested information was exempt under Exemptions 5, 7(A), 7(D), and 7(E). [2] The court analyzed each exemption separately and granted summary judgment for the government. [3]
List of Exemptions
Visit the following pages to read about FOIA's exemptions in more detail:
- Exemption 1
- Exemption 2
- Exemption 3
- Exemption 4
- Exemption 5
- Exemption 6
- Exemption 7
- Exemption 8
- Exemption 9
Non-responsiveness not a basis for withholding part of a responsive record
The Court of Appeals for the D.C. Circuit has held that the redaction of non-responsive material within records that are otherwise responsive is improper.[4] "[O]nce an agency itself identifies a particular document or collection of material—such as a chain of emails—as a responsive 'record,' the only information the agency may redact from that record is that falling within one of the statutory exemptions."[5]
See Also
External Links
References
- ↑ 5 U.S.C. § 552(b)
- ↑ Poitras v. Dep't of Homeland Sec., 303 F. Supp. 3d 136, 151-59 (D.D.C. 2018).
- ↑ Id. at 164.
- ↑ American Immigration Lawyers Association v. Executive Office for Immigration Review, 830 F.3d 667 (D.C. Cir. 2016), available at http://foiaproject.org/dc_view/?id=3004220-DC-15-5201-appeal-opinion
- ↑ American Immigration Lawyers Association v. Executive Office for Immigration Review, 830 F.3d at 678-79
