What kinds of records are not required to be disclosed under open records laws?

All FOI laws contain a variety of exemptions that allow the government to withhold certain kinds of records.  The federal Freedom of Information Act contains nine exemptions ranging from exemptions covering national security and law enforcement records exclusions to those protecting personal privacy and confidential business information. 

Additionally, Exemption 3 to the federal FOIA allows Congress to enact statutory exemptions that cover specific kinds of information often not protected by one of the other eight exemptions.  There are hundreds of these exemptions currently on the books.  Check out ProPublica’s collaboration with the Sunshine in Government Initiative. They catalogued and reported on all the claimed Exemption 3 statutes currently being cited by the federal government.  Some seem to be the result of self-interested lobbying.  Did you know that federal information concerning watermelon handlers and avocado importers is secret?   

State FOI laws contain many similar exemption categories to those found in federal law but of course also have their own unique characteristics.  Our State Open Government Guide details numerous kinds of records and whether they are public in every state. 

Check out our State Open Government Guide to see what the law regarding exemptions is in %%%STATE%%% and what kinds of records are open or closed.