What Are the 9 Exemptions to a FOIA Request?

Introduction

The Freedom of Information Act (FOIA) is a federal law that allows the public to request access to records from any federal agency. However, not all documents are available for disclosure due to nine specific exemptions that protect sensitive information. Understanding what are the 9 exemptions to a FOIA request can help individuals and businesses navigate the process more effectively and set realistic expectations.

The 9 FOIA Exemptions Explained

1. Classified Information (Exemption 1)

This exemption protects information classified for national security purposes, such as military operations, foreign policy details, and intelligence activities.

Example: Documents detailing counterterrorism strategies remain classified to safeguard national interests.

2. Internal Personnel Rules and Practices (Exemption 2)

This covers records about internal government rules and procedures that are essential for agency operations but not of significant public interest.

Example: Guidelines for agency staff scheduling or workplace policies fall under this category.

3. Information Exempted by Other Laws (Exemption 3)

This applies to records shielded by other federal statutes outside of FOIA.

Example: Federal law prohibits the IRS from releasing tax return information under Section 6103 of the Internal Revenue Code.

4. Trade Secrets and Confidential Business Information (Exemption 4)

This safeguards commercial or financial information submitted to the government that could cause competitive harm if disclosed.

Example: Proprietary technology details in government contract bids are protected to maintain fair competition.

5. Inter-Agency or Intra-Agency Communications (Exemption 5)

This exemption covers documents reflecting the deliberative process, attorney-client privilege, or work product doctrine within government agencies.

Example: Internal memos discussing potential policy changes stay confidential until decisions are finalized.

6. Personal Privacy (Exemption 6)

This prevents the release of personal information that would result in an unwarranted invasion of privacy.

Example: Employee medical records or private citizen correspondence with an agency remain protected.

7. Law Enforcement Records (Exemption 7)

This protects information compiled for law enforcement purposes that could:

• (A) Interfere with ongoing investigations
• (B) Affect a fair trial
• (C) Invade personal privacy
• (D) Identify a confidential informant
• (E) Reveal law enforcement techniques
• (F) Endanger someone’s life

Example: FBI investigative reports on active cases are exempt to ensure effective enforcement.

8. Financial Institutions (Exemption 8)

This safeguards information related to the regulation of financial institutions to maintain economic stability.

Example: Federal Reserve audits of major banks fall under this exemption.

9. Geological and Geophysical Information (Exemption 9)

This covers geological and geophysical data, especially concerning oil, gas, and mineral resources.

Example: Survey data on oil drilling locations is protected to preserve resource security.

FOIA Exemptions in Real-World Cases

To illustrate how these exemptions work, here are some practical examples:

• Case Study 1: A journalist investigating national security requested details about counterterrorism efforts. The agency denied the request under Exemption 1 to protect classified information vital to ongoing operations.
• Case Study 2: A company sought a competitor’s government contract proposals, but the request was rejected under Exemption 4 to safeguard proprietary trade secrets.
• Case Study 3: A researcher asked for FBI files on a living individual, but the agency denied access under Exemption 6 to protect personal privacy.