Law Chapter 9

Personnel Rules

A FOIA exemption for documents "related solely to the internal personnel rules and practices of an agency."

Statutory Exemptions

A FOIA exemption for documents "specifically exempted from disclosure by statute" other than FOIA, but only if the other statute's disclosure prohibition is absolute.

Financial Records

A FOIA exemption for documents related to specified reports prepared by, on behalf of, or for the use of agencies which regulate financial institutions.

Oil Field Data

A FOIA exemption for documents revealing oil well data.

Agency Memoranda

A FOIA exemption for documents that are "inter-agency or intra-agency memorandum or letters" which would be privileged in civil litigation.

Privacy

A FOIA exemption for documents which are "personnel and medical and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."

Law Enforcement

A FOIA exemption for documents which are "records of information compiled for law enforcement purposes," but only if one or more of six specified types of harm would result.

Trade Secrets

A FOIA exemption for documents which would reveal "trade secrets and commercial or financial information obtained from a person (that is) privileged or confidential."

National Defense

A FOIA exemption for national defense or foreign policy information properly classified pursuant to an Executive Order.

Family Educational Rights And Privacy Act (1974)

A federal law designed to protect the privacy of children's school information.

Drivers Privacy Protection Act (DPPA)

A federal law protecting the privacy of state drivers license information.

Health Insurance Portability And Accountability Act (HIPAA)

A federal law which protects the privacy of individual's health information.

FOI Statute

All 50 states have some type of access law for records and meetings, but they vary widely in terms of their practical use and enforcement.

Bedrock Law 5

All states have some type of access law for records and meetings, but these laws vary widely in terms of their procedures, penalties, and enforcement. 5

Commerce Clause

Article 1, Section 8, Clause 3 of the U.S. Constitution gives Congress power to regulate trade between the states, with foreign countries, and with Indian tribes. Used to justify the government's constitutional right to control broadcast radio by licensing.

Fee Category

Every FOIA request is placed in a fee category which determines if there is a cost to the requester.

Bedrock Law 4

FOIA only afford access to agencies of the executive branch and does not entitle citizens to inspect court records or congressional proceedings. 4.

Record

For the purposes of the FOIA, a letter, map, photograph, audio/video recording or figures, tables, or data used by an agency to keep track of its activities.

Expeditious Handling

Freedom of Information Act (FOIA) requests are given expedited treatment if the requester is able to demonstrate a compelling need for the requested information.

Bedrock Law 1

The FOIA opens access to government records without making citizens prove beforehand that they have a right to know based on their personal interest. 1

Federal Advisory Committee Act (FACA)

The Federal Advisory Committee Act of 1972 os law which mandates transparency, reporting, and viewpoint diversity when private citizens give advice as part of a commission, committees, or advisory body established or utilized by the president or federal agencies in making policy.

Freedom Of Information Act (FOIA)

The Freedom of Information Act (FOIA) is a federal law requiring federal agencies, on request, to disclose agency records unless the information can be kept secret under one of nine FOIA exemptions.

Government Accountability Office (GAO)

The Government Accountability Office is a congressional federal agency that assists Congress in oversight of budget expenditures.

Protected Health Information (PHI)

The class of individual health-care information protected by the Health Insurance Portability and Accountability Act (HIPAA).

Bedrock Law 2

The identity of the person requesting a public record, or the reason for needing it, should not determine whether it is released, but it could impact whether there is a charge involved. 2

Bedrock Law 3

The press is entitled to no more access to information from the U.S. government than the general public under the Freedom of Information Act. 3

FOIA Exemptions

There are nine exemptions to FOIA specified in the statute. The government can deny a FOIA request, and keep information secret, if the requested material falls within one of the nine exemptions.

Agency

Under FOIA, a federal agency is "any executive department, military department, government corporation, government controlled corporation or other establishment in the executive branch of government.

Presumption Of Disclosure

Under FOIA, requests are presumptively granted unless the government can show that the information falls under of one the FOIA exemptions.