Exemptions under FOIA
FOIA Exemptions
What is FOIA?
The Freedom of Information Act (FOIA) is a federal law enacted in 1966 that grants the public the right to access records from any federal agency.
FOIA aims to ensure government transparency and accountability.
However, FOIA also recognizes that certain information must be withheld to protect important interests.
FOIA Exemptions Overview
FOIA contains nine exemptions (listed in 5 U.S.C. § 552(b)) that allow agencies to withhold information from disclosure. These are:
Exemption 1: Classified national defense or foreign relations information.
Exemption 2: Internal agency rules and practices.
Exemption 3: Information exempted by other statutes.
Exemption 4: Trade secrets and confidential commercial information.
Exemption 5: Inter-agency or intra-agency memoranda or letters protected by legal privileges.
Exemption 6: Personal privacy information.
Exemption 7: Law enforcement records that could interfere with enforcement proceedings.
Exemption 8: Information related to financial institutions.
Exemption 9: Geological and geophysical information concerning wells.
Landmark Cases Explaining FOIA Exemptions
1. EPA v. Mink (1973) — Exemption 5 (Deliberative Process Privilege)
Facts: The Environmental Protection Agency (EPA) withheld internal memoranda under Exemption 5.
Issue: Whether internal agency documents that are pre-decisional and deliberative are exempt from disclosure.
Held: The Supreme Court upheld Exemption 5, stating that documents which are part of the deliberative process to help formulate policy are exempt.
Significance: Established the deliberative process privilege, protecting candid internal discussions to promote frank advice and effective decision-making.
2. Department of Justice v. Reporters Committee for Freedom of the Press (1989) — Exemption 7(C) (Privacy)
Facts: The FBI withheld rap sheets containing personal information under Exemption 7(C).
Issue: Whether disclosure of personal information in law enforcement records violated privacy interests.
Held: The Supreme Court ruled that rap sheets were exempt under 7(C) because disclosure would constitute an unwarranted invasion of personal privacy.
Significance: Reinforced the protection of personal privacy under FOIA even when balanced against public interest.
3. Milner v. Department of the Navy (2011) — Exemption 2 (Agency Internal Rules)
Facts: The Navy withheld certain documents as part of "internal agency rules" under Exemption 2.
Issue: Scope of Exemption 2 and what kind of information it covers.
Held: The Supreme Court limited Exemption 2 to “low 2” information involving trivial administrative matters, excluding “high 2” matters involving significant agency operations.
Significance: Narrowed the scope of Exemption 2 to prevent agencies from broadly withholding internal documents.
4. National Archives and Records Administration v. Favish (2004) — Exemption 6 (Personal Privacy)
Facts: The family of a deceased government official sought disclosure of photos related to his death.
Issue: Whether Exemption 6 allowed withholding of sensitive personal information of deceased individuals.
Held: The Court held that Exemption 6 protects personal privacy, and surviving family’s privacy interests must be considered before disclosure.
Significance: Affirmed strong protection of privacy interests under FOIA even after death.
5. Food Marketing Institute v. Argus Leader Media (2019) — Exemption 4 (Trade Secrets and Confidential Commercial Information)
Facts: The USDA withheld data from meat processors as confidential commercial information.
Issue: Whether data collected for regulatory purposes qualifies for protection under Exemption 4.
Held: The Court ruled that Exemption 4 protects information that is customarily and actually treated as confidential by its owner.
Significance: Clarified the standard for confidential commercial information, emphasizing the owner’s treatment of information.
6. CIA v. Sims (1985) — Exemption 1 (Classified Information)
Facts: The CIA withheld records as classified under national security.
Issue: Whether the agency’s classification decision was subject to judicial review.
Held: The Supreme Court held that courts give substantial weight to agency classification decisions but may review if there is a clear error.
Significance: Affirmed strong deference to agencies on national security classifications but allowed limited judicial review.
Summary Table of FOIA Exemptions and Case Law
| Exemption | Description | Landmark Case | Key Principle |
|---|---|---|---|
| Exemption 1 | Classified national security info | CIA v. Sims (1985) | Courts defer to agency on classification decisions |
| Exemption 2 | Internal agency rules | Milner v. Dept. of Navy (2011) | Limits Exemption 2 to trivial “low 2” matters |
| Exemption 4 | Trade secrets/confidential info | Food Marketing Institute (2019) | Protects info treated as confidential by owner |
| Exemption 5 | Deliberative process privilege | EPA v. Mink (1973) | Protects pre-decisional, deliberative agency docs |
| Exemption 6 | Personal privacy | National Archives v. Favish (2004) | Protects personal info, even post-mortem |
| Exemption 7(C) | Law enforcement privacy | DOJ v. Reporters Committee (1989) | Protects privacy from law enforcement disclosure |
Conclusion:
FOIA exemptions balance the public’s right to know with the government’s need to protect sensitive information. Courts have generally:
Supported strong protection for national security, privacy, and internal agency deliberations.
Limited broad claims of exemption to avoid unnecessary secrecy.
Ensured that agencies justify withholding information clearly and specifically.
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