Under the Freedom of Information Act (FOIA), the public can generally obtain access to any record created and kept by a federal executive branch agency, unless that information falls under one of nine specific exemptions. Essentially, if a government record does not meet the criteria for an exemption, it is considered disclosable. The FOIA establishes a presumption in favor of disclosure, meaning agencies must release information unless it is explicitly protected from release.
Understanding FOIA Disclosure
The FOIA requires federal agencies to make their records publicly available upon request, with certain exceptions to protect sensitive information. This transparency allows the public to understand how the government operates, how decisions are made, and how public funds are spent.
Types of Information Generally Disclosed
The vast majority of federal agency records are potentially disclosable. This includes a wide range of documents such as:
- Agency Policies and Procedures: Manuals, guidelines, and directives that govern agency operations.
- Budget and Spending Information: Details on how agencies allocate and spend taxpayer money.
- Research Data and Reports: Scientific studies, analyses, and findings conducted or commissioned by agencies.
- Correspondence and Communications: Emails, memos, and letters related to agency business, once deliberative processes are complete.
- Public Health and Safety Records: Information concerning environmental regulations, food safety, drug approvals, and public health initiatives.
- Enforcement Records: Documents related to investigations, violations, and enforcement actions, provided they do not compromise ongoing cases or privacy.
- Statistical Data: Aggregate data collected by agencies on various topics, from economic indicators to demographic trends.
Information Exempt from Disclosure
While the general rule is disclosure, certain categories of information are exempt from release to protect vital governmental and private interests. These nine exemptions define what cannot be disclosed under FOIA:
| Exemption Number | Type of Information Protected | Description |
|---|---|---|
| Exemption 1 | Classified National Defense and Foreign Relations Information | Protects information that is properly classified pursuant to an Executive Order in the interest of national defense or foreign policy. |
| Exemption 2 | Internal Agency Rules and Practices | Covers information related solely to the internal personnel rules and practices of an agency, often referred to as "housekeeping" rules. |
| Exemption 3 | Information Prohibited from Disclosure by Another Federal Law | Protects information specifically exempted from disclosure by statutes other than FOIA, provided those statutes meet certain criteria. |
| Exemption 4 | Trade Secrets and Confidential Business Information | Safeguards trade secrets and commercial or financial information obtained from a person that is privileged or confidential. |
| Exemption 5 | Inter-Agency or Intra-Agency Memoranda or Letters | Protects deliberative process, attorney-client privilege, and attorney work-product protections. This allows agencies to engage in open and frank discussions without public scrutiny during decision-making. |
| Exemption 6 | Personnel and Medical Files and Similar Files | Protects information the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. |
| Exemption 7 | Law Enforcement Records | Covers records compiled for law enforcement purposes, but only to the extent that disclosure would cause specific harms (e.g., interfere with proceedings, endanger individuals, reveal techniques). |
| Exemption 8 | Information Concerning Bank Supervision | Protects information 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. |
| Exemption 9 | Geological and Geophysical Information and Data, Including Maps, Concerning Wells | Protects wells and other geological data to prevent speculators from obtaining unfair competitive advantages. |
It is important to note that agencies are often required to redact (black out) only the exempt portions of a record and release the remainder. If a record contains both disclosable and exempt information, the agency must segregate and release the disclosable portions.
How to Request Information
To request information, individuals typically submit a written FOIA request to the federal agency believed to have the records. The request should describe the desired records as specifically as possible. More details on the FOIA request process can be found on official government websites, such as the Department of Justice's FOIA website.
