`2. Freedom of Information Act (FOIA)

The Freedom of Information Act Exemptions

*FOIA 9 Exemptions* 1. National Defense 2. Housekeeping Material 3. Material e\Exempted by Statute 4. Trade Secrets and Financial Patents 5. Working papers and lawyer-client privileged documents 6. Personal Medical/Privacy files 7. Law Enforcement Records 8. Financial Institution Materials 9. Geological Data

Freedom of Information Act Exemptions

Federal agencies are required to disclose any information requested under the FOIA unless it falls under one of nine exemptions which protect certain interests.

*Exemption 9* Geological data

Information on wells. It is designed to prevent oil and gas exploration companies from obtaining information from federal agencies that can provide them with a competitive edge.

*Exemption 8* Financial Records

Information that concerns the supervision of financial institutions. This exemption allows for nondisclosure of sensitive financial reports or audits.

*Exemption 1* National Security

Information that is classified to protect national security. Records fall under the exemption of national security if they are classified as confidential, secret or top-secret.

*Exemption 4* Trade Secrets

Information that is confidential or privileged...trade secrets or commercial or financial information. The private business information provided to various government agencies, which includes profit and loss statements, market share information and secret formulas and the like, is generally exempt from disclosure under FOIA.

*Exemption 3* Statutory Exemptions

Information that is prohibited from disclosure by another federal law. Material exempted By Statute FOIA cannot override other laws that forbid the disclosure of certain information.

*Exemption 6* Personal Privacy

Information that, if disclosed, would invade another individual's personal privacy files. Example medical information.

How many exemptions are in the Freedom of Information Act?

Nine

*Exemption 5* Agency Memos

Privileged communications within or between agencies. Including those protected by the: Attorney-Work Product Privilege Attorney-Client Privilege Protects agency memoranda, studies or drafts that are prepared and use internally to create final reports for policies

*Exemption 2* Housekeeping Materials

Protects from disclosure of information related to the internal personnel rules and practices of an agency. Covers records related to: - vacation policies, - lunch break rules, - parking space assignments - and so on...

*Exemption 7* Law-Enforcement Records

Records compiled within the context of law enforcement investigations, Undercover Agents, etc... maybe exempt. There On-going Law Proceedings: • Personal Privacy • Confidential sources • Techniques and procedures

Trade Secrets and Financial Patents

Trade Secrets V Patents Trade Secrets No registration or application No maintenance fees No public disclosure Unlimited duration Patents Application and prosecution Maintenance fees Public disclosure 20 years from filling

The Freedom of Information Act (FOIA)

• Gives you the right to request information from various federal agencies. • It is often described as the law that keeps citizens in the know about their government.