The Freedom of Information Act (FOIA), 5 U.S.C. 552, indicates that any person has a right, enforceable in court, to obtain access to federal agency records. This right to access is limited when such information is protected from disclosure by one or more of the nine FOIA statutory exemptions. The FOIA also requires federal agencies to make certain types of information available to the public without the need to submit a request.
The basic purpose of the Freedom of Information Act is to ensure an informed citizenry which is vital to the functioning of a democratic society. It is needed to check against corruption and to hold the governors accountable to the governed.
NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 242 (1978)
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Government openness and accountability expand upon the principles of full disclosure of information from the government to its citizens. Members of the public, including foreign citizens, military and civilian personnel acting as private citizens, organizations and businesses may submit a FOIA request. The Act, however, only applies to federal agencies. It does not create a right of access to records held by Congress, the courts, state or local government agencies, or by private businesses or individuals. Each state has its own public access laws that should be consulted for access to state and local records.
Exemptions
The nine exemption categories that authorize government agencies to withhold information are:
Classified information for national defense or foreign policy
Internal personnel rules and practices
Information that is exempt under other laws
Trade secrets and confidential business information
Inter-agency or intra-agency memoranda or letters that are protected by legal privileges
Personnel and medical files
Law enforcement records or information
Information concerning bank supervision
Geological and geophysical information
Exclusions
Congress provided unique protection in the FOIA for three narrow categories of law enforcement and national security records. The protecting of those records are known as “exclusions”:
The first exclusion protects the existence of an ongoing criminal law enforcement investigation when the subject of the investigation is unaware that it is pending and disclosure could reasonably be expected to interfere with enforcement proceedings.
The second exclusion is limited to criminal law enforcement agencies and protects the existence of informant records when the informant’s status has not been officially confirmed.
The third exclusion is limited to the FBI and protects the existence of foreign intelligence or counterintelligence, or international terrorism records when the existence of such records is classified. Records falling within exclusion are not subject to the requirements of the FOIA.
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