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Freedom of Information Act Guide, May 2004
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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.
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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
- 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
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