DOI News

New Guidance on Implementing FOIA's Statutory Exclusions


On September 14, 2012, the Office of Information Policy (OIP) issued guidance to all agencies concerning proper implementation of the exclusion provisions contained in the FOIA. 

The new guidance establishes multiple procedures that agencies should follow to increase awareness of agency use of the FOIA's statutory exclusions. All agencies now must (1) consult with OIP prior to using an exclusion to ensure that the exclusion is warranted and that exclusions are consistently applied; (2) publicly report each year on the number of times, if any, that an exclusion was used; (3) include on their FOIA websites a brief description of the three exclusions; and (4) for those agencies that could possibly invoke an exclusion, include individual notification about the existence of exclusions in their response letters.

To read the full text of the guidance, see FOIA Post, "Implementing FOIA's Statutory Exclusions."