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FOIA

Freedom of Information Act Guide, May 2004 The "Justice Department Guide to the Freedom of Information Act" is an overview discussion of the FOIA's exemptions, its law enforcement record exclusions, and its most important procedural aspects. Prepared by the attorney and law clerk staff of the Office of Information and Privacy, it is updated and revised biennially. Any inquiry about the points addressed below, or regarding matters of FOIA administration or interpretation, should be made to the Office of Information and Privacy through its FOIA Counselor service, at (202) 514-3642 (514-FOIA), ordinarily after initial consultation with an agency FOIA officer. TABLE OF CONTENTS Introduction FOIA Reading Rooms Procedural Requirements Entities Subject to the FOIA Agency Records FOIA Requesters Proper FOIA Requests Time Limits Expedited Processing Searching for Records "Reasonably Segregable" Obligation Referrals and Consultations Responding to FOIA Requests Fees and Fee Waivers Fees Fee Waivers Exemption 1 Standard of Review Deference to Agency Expertise In Camera Submissions/Adequate Public Record "Public Domain" Information Executive Order 12,958, as Amended Duration of Classification and Declassification Additional Considerations Homeland Security-Related Information Exemption 2 Initial Considerations "Low 2": Trivial Matters "High 2": Risk of Circumvention Homeland Security-Related Information Exemption 3 Initial Considerations Subpart (A) Subpart (B) Alternative Analyses Additional Considerations Exemption 4 Trade Secrets Commercial or Financial Information Obtained from a "Person" "Confidential" Information The Critical Mass Decision Applying Critical Mass Impairment Prong of National Parks Competitive Harm Prong of National Parks Third Prong of National Parks Privileged Information Interrelation with Trade Secrets Act Exemption 5 The "Inter-Agency or Intra-Agency" Threshold Requirement Deliberative Process Privilege Attorney Work-Product Privilege Attorney-Client Privilege Other Privileges Exemption 6 Initial Considerations The Reporters Committee Decision Privacy Considerations Factoring in the Public Interest The Balancing Process Exemption 7 Exemption 7(A) Exemption 7(B) Exemption 7(C) Exemption 7(D) Exemption 7(E) Exemption 7(F) Exemption 8 Exemption 9 Exclusions The (c)(1) Exclusion The (c)(2) Exclusion The (c)(3) Exclusion Procedural Considerations Discretionary Disclosure and Waiver Discretionary Disclosure Waiver Litigation Considerations Jurisdiction, Venue, and Other Preliminary Matters Pleadings Exhaustion of Administrative Remedies "Open America" Stays of Proceedings Adequacy of Search Mootness and Other Grounds for Dismissal "Vaughn Index" "Reasonably Segregable" Requirements In Camera Inspection Summary Judgment Discovery Waiver of Exemptions in Litigation Attorney Fees and Litigation Costs: Eligibility Attorney Fees and Litigation Costs: Entitlement Attorney Fees and Litigation Costs: Calculations Sanctions Considerations on Appeal "Reverse" FOIA Standard of Review Executive Order 12,600 Basic FOIA References Congressional References Justice Department Materials Nongovernment Publications