Exemptions

Provided by The Reporters Committee for Freedom of the Press
Jump to: navigation, search

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:

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

  1. 5 U.S.C. § 552(b)
  2. Poitras v. Dep't of Homeland Sec., 303 F. Supp. 3d 136, 151-59 (D.D.C. 2018).
  3. Id. at 164.
  4. 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
  5. American Immigration Lawyers Association v. Executive Office for Immigration Review, 830 F.3d at 678-79