the subject of the investigation or proceeding is not aware of its pendency, and.the investigation or proceeding involves a possible violation of criminal law and.Whenever a request involves access to records described in subsection (b)(7)(A) and The record exclusions expressly authorize federal law enforcement agencies under these circumstances to "treat the records as not subject to the requirements of the FOIA." Read more about FOIA Statutory Exclusions. These three provisions, referred to as record "exclusions," are reserved for certain specified circumstances. Exclusionsīy amending the Freedom of Information Act in 1986, Congress created a mechanism to protect sensitive law enforcement matters under subsection (c) of the Act. Example of information HHS may withhold using 8: Exemption rarely, if ever, invoked by HHS.Įxemption 9 – Protects geological and geophysical information and data, including maps, concerning wells.Example of information HHS may withhold using 7(F): Identifying information of law enforcement officers.Įxemption 8 – Protects information that is 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.Example of information HHS may withhold using 7(E): Law enforcement manuals, records pertaining to Watch Lists.ħ(F) – to endanger the life or physical safety of an individual.Example of information HHS may withhold using 7(D): Identifying information of confidential informants.ħ(E) – would disclose techniques and procedures for law enforcement investigations or prosecutions.law enforcement officers’ names, witness/interviewee identifying information.ħ(D) – to disclose the identity/identities of confidential sources. Example of information HHS may withhold using 7(C): Identifying information of individuals associated with a law enforcement proceeding i.e.Example of information HHS may withhold using 7(B): Information that could potentially contaminate a jury pool.ħ(C) – to constitute an unwarranted invasion of the personal privacy of a third party/parties (in some instances by revealing an investigative interest in them).Example of information HHS may withhold using 7(A): Records pertaining to an open law enforcement investigation.ħ(B) – would deprive a person of a right to a fair trial or an impartial adjudication.
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