Miscellaneous

What records are not subject to FOIA?

What records are not subject to FOIA?

Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law.

What kind of records does FOIA cover?

FOIA covers records from all federal regulatory agencies, cabinet and military departments, offices, commissions, government-controlled corporations, the Executive Office of the President, and other organizations of the Executive Branch of the federal government. 5 U.S.C. § 552(f).

Is the White House exempt from FOIA?

Office of Administration — FOIA The Office of Administration (OA), whose sole function is to provide common administrative support and services to all units within the Executive Office of the President, is not subject to FOIA and any related legislation.

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Which agencies are exempt from FOIA?

Exemption One: Classified national defense and foreign relations information. Exemption Two: Internal agency personnel rules and practices. Exemption Three: Information that is prohibited from disclosure by another federal law.

Why is geological information on wells exempt from FOIA?

According to its legislative history, Exemption 9 was enacted to address concerns that geological maps generated during private oil companies’ explorations were not covered by Exemption 4, and that their release would give speculators an advantage over the companies that paid for the exploration.

Who is subject to FOIA?

Section 552. “Any person” can file a FOIA request, including U.S. citizens, foreign nationals, organizations, associations, and universities. In 1974, after the Watergate scandal, the Act was amended to force greater agency compliance. It was also amended in 1996 to allow for greater access to electronic information.

Are nonprofits subject to FOIA?

Nonprofits that qualify as a “public body” are subject to the Freedom of Information Act (FOIA). Congress created FOIA to ensure that “public business is performed in an open and public manner … As seen below, the Act can also apply to private nonprofits.

Can you FOIA the president?

You can not request access to presidential records during the President’s term of office. FOIA does not apply to offices within the Executive Office of the President whose function is to advise and assist the President.

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Does FOIA apply to the president?

In processing FOIA requests, agencies searching for responsive records occasionally find White House-originated records (or records containing White House-originated information) that are located in their files. By its terms, the FOIA applies to “the Executive Office of the President,” 5 U.S.C.

Does the FOIA cover the FBI?

When a portion of a record is withheld from public release, the subsection of the FOIA law describing that exemption or exemptions may be found listed in the margin next to the space where the withheld text would have been found. The list below describes the type of material withheld under each subsection of the FOIA.

What documents are subject to FOIA?

Records obtainable under the FOIA include all “agency records” – such as print documents, photographs, videos, maps, e-mail and electronic records – that were created or obtained by a Federal agency and are, at the time the request is filed, in that agency’s possession and control.

Can you make a FOIA request to a private company?

The FOIA does not apply to private companies; persons who receive Federal contracts or grants \18\; private organizations; or State or local governments.

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Does the FOIA have authority to hold information from Congress?

Fortunately, the FOIA contains language within its subsection (c) specifically addressing the subject of congressional access. The exact meaning of this language, though, is less than crystal clear, as it succinctly states only that ” [the FOIA] is not authority to withhold information from Congress.” 5 U.S.C. § 552 (c).

Is Congress exempt from Freedom of Information Act?

Generally, legislative bodies are not subject to freedom of information acts because they are exempted from disclosure of their records. Therefore, Congress and state legislatures are exempted from disclosure of their records. Congressional documents in possession of other agencies may also be exempted from disclosure.

Are court records subject to the Freedom of Information Act?

Usually a state university is considered an agency for the purpose of a public records disclosure statute. Generally, court records are not subject to the federal FOIA and to state acts [xii]. But in certain states an exception to this rule exists.

What is an example of an agency subject to FOIA?

Agencies Subject to FOIA. Under state acts, various types of state government officers or bodies come under the term ‘agency’. A few examples are a governor, insurance department, worker’s compensation state authority, civil service commission, state medical board, county sheriff, worker’s compensation state authority.