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FOIA Exemption 3 Statutes are statutes found to qualify under Exemption 3 of the U.S. Freedom of Information Act, 5 U.S.C.§ 552(b)(3).Under its terms, as amended in 1976 and 2009, a statute qualifies as an "Exemption 3 statute" only if it "(i) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue; or (ii) establishes particular criteria ...
The Holder Memo is part of series of policy memos on how federal agencies should apply FOIA exemptions. Beginning in 1977 with Attorney General Griffin Bell, and continued by Attorney General William French Smith in 1981 and Attorney General Janet Reno in 1993, U.S. Department of Justice (DOJ) has announced how the executive branch should approach FOIA, its application, and DOJ's defense of ...
The law set up the structure of FOIA as we know it today. President Lyndon B. Johnson, despite his misgivings, [14] [15] signed the FOIA into law. [16] That law was initially repealed. During the period between the enactment of the act and its effective date, Title 5 of the United States Code was enacted into positive law. [17]
A recent Virginia Supreme Court ruling narrows the scope of information government bodies can exempt from disclosure under public records laws — a decision legal experts say will provide greater ...
The EFF v. DOJ court cited Exemption Five as an acceptable justification for the DOJ's withholding of the documents on the grounds of Exemption 5. [3] Exemption Five exempts documents that include "confidential, pre-decisional legal advice" that are protected as part of the "deliberative-process and attorney-client communications privileges."
The District Court, granting the Department's motion for summary judgment after an in camera review of the requested information, held that such information was exempted from FOIA's disclosure requirements by various FOIA provisions, including Exemption 7(C) (5 USCS 552(b)(7)(C)), which applies to investigatory records compiled for law enforcement purposes where production of such records ...
The Freedom of Information Act (FOIA) is a law that allows the public to request access to records from federal agencies to promote transparency in government operations.
United States Fish and Wildlife Service v. Sierra Club, Inc., 592 U.S. 261 (2021), was a Supreme Court of the United States case involving whether the use of a Freedom of Information Act (FOIA) request can be used to access documents from a U.S. agency that are protected under the deliberative process privilege exemption, in this specific case, draft biological opinions made and reviewed by ...