NCJ Number
116759
Date Published
1988
Length
174 pages
Annotation
This guide presents an overview of exemptions to the Freedom of Information Act (FIA), its law enforcement record exclusions, and its most important procedural aspects.
Abstract
The FIA generally provides that any person has a right, enforceable in court, to access Federal agency records, except to the extent that such records or portions thereof are protected from disclosure by one of nine exemptions or one of three special law enforcement record exclusions. FIA requests can be made by any person and for any reason, with no showing of relevancy required. Requests must reasonably describe the records sought and must be made in accordance with agencies' published procedural regulations. An agency in receipt of a proper FIA request is required to inform the requester of its decision to grant or deny the request within 10 working days, except in specified circumstances. Information exempted from disclosure under the FIA include national security (defense, foreign policy) information, records related soley to internal personnel rules and practices, information the disclosure of which is prohibited under other Federal statutes, and privileged or confidential trade secrets or financial information. Other exemptions include inter- and intragency memorada or letters not available by law to a party in litigation with the agency, individual personnel and medical records, certain records compiled for law enforcement purposes, matters relating to operating or condition reports prepared by or for the use of an agency responsible for regulation of financial institutions, and geological and geophysical data. Exclusions under the Freedom of Information Reform Act of 1986 include certain records maintained by the Federal Bureau of Investigation and Information the disclosure of which would impair criminal investigation or proceedings or result in the identification of a confidential informant. Included is a chronological listing of approximately 700 FIA references, both congressional and law review.