36 CFR 1250.36 - When will NARA deny a FOIA request?
The FOIA contains nine exemptions under which information may be exempted from release. Given the age and nature of archival records, many of these exemptions apply to only a few of the records in our custody. We will only withhold information where we must (such as information which remains classified, or information which is specifically closed by statute) or we reasonably foresee that disclosure would cause a harm. In addition if only part of a record must be withheld, NARA will provide access to the rest of the information in the record. Categories of information that may be exempt from disclosure under the FOIA are as follows:
|Section of the FOIA:||Reason for exemption:|
|5 U.S.C. 552(b)(1)||Specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified under the Executive order.|
|5 U.S.C. 552(b)(2)||Related solely to the internal personnel rules and practices of an agency.|
|5 U.S.C. 552(b)(3)||Specifically exempted from disclosure by statute (other than section 552b of this title), provided that the statute:(A) Requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (B) Establishes particular criteria for withholding or refers to particular types of matters to be withheld.|
|5 U.S.C. 552(b)(4)||Trade secrets and commercial or financial information obtained from a person that are privileged or confidential.|
|5 U.S.C. 552(b)(5)||Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the agency.|
|5 U.S.C. 552(b)(6)||Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.|
|5 U.S.C. 552(b)(7)||Records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information:(A) Could reasonably be expected to interfere with enforcement proceedings: (B) Would deprive a person of a right to a fair trial or an impartial adjudication; (C) Could reasonably be expected to constitute an unwarranted invasion of personal privacy; (D) Could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting lawful national security intelligence investigation, information furnished by a confidential source; (E) Would disclose techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law; or (F) Could reasonably be expected to endanger the life or physical safety of any individual.|
|5 U.S.C. 552(b)(8)||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.|
|5 U.S.C. 552(b)(9)||Geological and geophysical information and data, including maps, concerning wells.|
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