What types of things can not be requested through FOIA?
We get these types of requests often.
Most are of the type of "I'd like to request anything on this subject" kind. If the requestor truly knows what they want and why they want it, or is willing to pay for it and is not working against the law, they should have no problem getting their request fulfilled.
However there are other kinds of requests too. These range from the totally crazy to the simply insane: "I want to know what type of gas was used to power the car which hit me in 1984, to know the exact model, make and year of my vehicle." "I want to know where you got the information that you have in your possession, that your 'informant' told you. And I would also like to know how I could verify that the information you have is correct."
The first was the request of a woman who asked "if you can please tell me the chemical formula for gasoline, and how I could synthesize it, so that I could be 100% sure that gasoline is natural and not made in a lab. Also, I'd really like to know if you have any more information about how this might be possible."
The second had the same request for the entire world. Of course, these are extreme cases. In fact, if you look at any government paper, you'll find that they will provide all the info requested by FOIIf they don't, they will give you an excuse for not doing so.
For example, the federal health & safety agency (HHS) has a form on its website that you can use to submit requests for information. Its FAQ page has this: Why do you not have this information, or more of it? How many times have you denied requests? Have you ever had requests rejected as "unreasonable" or "without merit"? The answer to the first question is that the request to obtain toxic substances information will not be considered a request for toxic substances information. The answer to the second question is that the agency's goal is to produce accurate data about the environment in which American citizens live and work. The answer to the third question is that an agency cannot conduct its business when individuals place burdensome demands on its resources by submitting excessive requests.
What are the exempt categories for FOIA?
The public has a right to inspect the text of an agency's rules, for example, in a regulation that issued in the Federal Register. The rule is an official rule, but it must also be adopted, published, or made available in a form that the public can readily understand. These categories of agency records are exempt from FOIA because public access to these records would interfere with the agency's work and cause unnecessary delay. For more information, see FOIA's Rulemaking Exemption, 5 U.S.C. 552(a)(2)(A).
It is your responsibility to use the search terms most appropriate for your request, based on the nature of the material requested. If you have questions about how to refine your search, please contact us. In some instances, the FOIA staff may provide general guidance on what type of information will likely be responsive to your request.
The Federal Government only answers FOIA requests where a person is seeking information from a Federal Government agency. In other words, they can only answer your request if it is submitted by you to them, not someone else. So if you want information from a private company, you need to talk to them.
The categories are as follows: Records of an agency required to be disclosed pursuant to subsection (b) of this section which deal with: The agency's own rules of procedure;. Matters which are required by Executive order to be kept secret in the interest of the national defense or foreign policy;. Trade secrets and commercial or financial information obtained from a person under paragraph (2) which is privileged or confidential;. Personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;. Documents, the disclosure of which is prohibited by statute; or. Documents, the disclosure of which is prohibited by statute, provided that such documents are not in a form that can be reasonably processed, eg, illegible handwritten notes.
What is an exception to the Freedom of Information Act?
I just read a blog post at the Washington Post that stated the Supreme Court has held in the past that journalists have the right to get information from a public agency.
That is, a journalist does not have to ask for the information because it is available to the public.
The Supreme Court has never ruled on this issue. The ACLU has a brief stating that there is an exception for journalists, but I don't have access to it.
What do you think? Is the journalist exception constitutional? Or is it merely a right under the First Amendment? You've got the right to know information about the government - even if it's not public - and that's a fact of life that won't change unless the government changes. The journalist exception is constitutional because it's not a violation of the First Amendment. It's an exception to the Freedom of Information Act (FOIA), which means that the law only applies if it's not a FOIA request.
Also, there is nothing in FOIA that requires the government to give out information to the public or to journalists. The public or journalists can get the information, but they're not required to.
The government can't prevent you from asking for information, but if you request it and don't get it, then you have a right to sue to enforce your right to information. You don't need the ACLU to help you. The federal court system is the place to go. It's an exception to the Freedom of Information Act (FOIA), which means that the law only applies if it's not a FOIA request.
What is an example of a FOIA exemption 5?
The FOIA exemption 5 is a common example of when a government agency can withhold certain information, or in other words, protect it from FOIThe exemption is for those documents which fall under the attorney client privilege.
This means that they are the attorney's opinion, and he/she has to disclose them.
The definition of "FOIA exemption" can be found at the beginning of the FOIA FAQs. In particular, the second item on the list is: An agency may withhold. records or portions of records that it determines. to be: (1) inter-agency or intra-agency memorandums or. letters which would not be available by law to a. party other than an agency in litigation with the. agency; (2) draft documents, not. final documents; and (3) matters that are so. personal in nature that they would not be. obtainable by discovery in litigation with the. The first three items are all "exemption 5" - the term "exemption" means that something is exempt from the law.
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