Final Response Exemptions Language
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Exemption (b)(1) of the FOIA (5 U.S.C. Section 552(b)(1)), which exempts from disclosure “Records that are specifically authorized under criteria established by an executive order to be kept secret in the interest of national defense or foreign policy, and are in fact properly classified pursuant to such executive order.” A number of documents located during NIST search contain information that has been classified by the Department of State. Exemption (b)(2) of the FOIA (5 U.S.C. Section 552(b)(2)), which permits NIST to withhold records in its possession which are “related solely to the internal personnel rules and practices of an agency” may be withheld from disclosure. Many of the located records relate solely to internal agency matters and will therefore be withheld from disclosure. Exemption (b)(3) of the FOIA (5 U.S.C. Section 552(b)(3)) which exempts from disclosure “Records that are specifically exempted fr om disclosure by statut e.” A number of records located are exempted from disclosure pursuant to statute. Exemption (b)(4) of the FOIA (5 U.S.C. Section 552(b)(4)), exempts from disclosure “trade secrets and commercial or financial information obtained from a person and privileged or confidential .” A number of records that wer e located either originated from or pertained to outside entities and contained information considered to be privileged or proprietary by the entities. Such records are being withheld from disclosure pursuant to exemption (b)(4) of the FOIA. Exemption (b)(5) of the FOIA (5 U.S.C. Section 552(b)(5)), permits NIST to withhold documents that are reflective of the deliberative process. Because the records are “predecisional and antecedent to the adoption of an agency policy,” and “a direct part of the deliberative process in that it makes recommendations or expresses opinions on legal or policy matters,” they are properly withholdable under the FOIA. Exemption (b)(6) of the FOIA (5 U.S.C. Section 552(b)(6)), exempts from disclosure “personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” Exemption (b)(7) of the FOIA (5 U.S.C. Section 552(b)(7)), exempts from disclosure “records or information compiled for law enforcement purposes….” Exemption (b)(8) of the FOIA (5 U.S.C. Section 552(b)(8)), exempts from disclosure records “contained in or related to examination, operating or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions. Exemption (b)(9) of the FOIA (5 U.S.C. Section 552(b)(9)), exempts from disclosure “geological and geophysical information and data, including maps, concerning wells.”
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Transcript of Final Response Exemptions Language
8/3/2019 Final Response Exemptions Language
http://slidepdf.com/reader/full/final-response-exemptions-language 1/1
Exemption (b)(1) of the FOIA (5 U.S.C. Section 552(b)(1)), which exempts from
disclosure “Records that are specifically authorized under criteria established by an
executive order to be kept secret in the interest of national defense or foreign policy, and
are in fact properly classified pursuant to such executive order.” A number of documents
located during NIST search contain information that has been classified by theDepartment of State.
Exemption (b)(2) of the FOIA (5 U.S.C. Section 552(b)(2)), which permits NIST to
withhold records in its possession which are “related solely to the internal personnel rules
and practices of an agency” may be withheld from disclosure. Many of the locatedrecords relate solely to internal agency matters and will therefore be withheld from
disclosure.
Exemption (b)(3) of the FOIA (5 U.S.C. Section 552(b)(3)) which exempts from
disclosure “Records that are specifically exempted from disclosure by statute.” A
number of records located are exempted from disclosure pursuant to statute.
Exemption (b)(4) of the FOIA (5 U.S.C. Section 552(b)(4)), exempts from disclosure
“trade secrets and commercial or financial information obtained from a person and
privileged or confidential.” A number of records that were located either originated fromor pertained to outside entities and contained information considered to be privileged or
proprietary by the entities. Such records are being withheld from disclosure pursuant to
exemption (b)(4) of the FOIA.
Exemption (b)(5) of the FOIA (5 U.S.C. Section 552(b)(5)), permits NIST to withholddocuments that are reflective of the deliberative process. Because the records are
“predecisional and antecedent to the adoption of an agency policy,” and “a direct part of the deliberative process in that it makes recommendations or expresses opinions on legal
or policy matters,” they are properly withholdable under the FOIA.
Exemption (b)(6) of the FOIA (5 U.S.C. Section 552(b)(6)), exempts from disclosure
“personnel and medical files and similar files the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy.”
Exemption (b)(7) of the FOIA (5 U.S.C. Section 552(b)(7)), exempts from disclosure
“records or information compiled for law enforcement purposes….”
Exemption (b)(8) of the FOIA (5 U.S.C. Section 552(b)(8)), exempts from disclosure
records “contained in or related to examination, operating or condition reports preparedby, on behalf of, or for the use of an agency responsible for the regulation or supervision
of financial institutions.
Exemption (b)(9) of the FOIA (5 U.S.C. Section 552(b)(9)), exempts from disclosure
“geological and geophysical information and data, including maps, concerning wells.”
