(a) Explanation of FOIA Exemptions and Classification Categories—(1) Explanation of FOIA Exemptions. Exemptions and their explanations are provided in the Table to Appendix A. See chapter III of 32 CFR part 286 for further information.
Table to Appendix A—Explanation of FOIA Exemptions
| Exemption | Explanation |
|---|---|
| (b)(1) | Applies to records and information currently and properly classified in the interest of national security. |
| (b)(2) | Applies to records related solely to the internal personnel rules and practices of an agency. |
| (b)(3) | Applies to records and information protected by another law that specifically exempts the information from public release. |
| (b)(4) | Applies to records and information on trade secrets and commercial or financial information obtained from a private source which would cause substantial competitive harm to the source if disclosed. |
| (b)(5) | Applies to records and information of internal records that are deliberative in nature and are part of the decision making process that contain opinions and recommendations. |
| (b)(6) | Applies to records or information the release of which could reasonably be expected to constitute a clearly unwarranted invasion of the personal privacy of individuals. |
| (b)(7) | Applies to records or information compiled for law enforcement purposes that could: (a) Reasonably be expected to interfere with law enforcement proceedings; (b) deprive a person of a right to a fair trial or impartial adjudication; (c) reasonably be expected to constitute an unwarranted invasion of the personal privacy of others; (d) disclose the identity of a confidential source; (e) disclose investigative techniques and procedures; or (f) reasonably be expected to endanger the life or physical safety of any individual. |
| (b)(8) | Applies to records and information for the use of any agency responsible for the regulation or supervision of financial institutions. |
| (b)(9) | Applies to records and information containing geological and geophysical information (including maps) concerning wells. |
(2) Classification Categories. Information will not be considered for classification unless its unauthorized disclosure could reasonably be expected to cause identifiable or describable damage to the national security in accordance with section 1.2 of Executive Order 13526, and it pertains to one or more of the following:
(i) Military plans, weapons systems, or operations;
(ii) Foreign government information;
(iii) Intelligence activities (including covert action), intelligence sources or methods, or cryptology;
(iv) Foreign relations or foreign activities of the United States, including confidential sources;
(v) Scientific, technological, or economic matters relating to the national security;
(vi) U.S. Government programs for safeguarding nuclear materials or facilities;
(vii) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security; or
(viii) The development, production, or use of weapons of mass destruction.
(b) [Reserved]
Tried the LawStack mobile app?
Join thousands and try LawStack mobile for FREE today.
- Carry the law offline, wherever you go.
- Download CFR, USC, rules, and state law to your mobile device.
