Records exclusion

One of three federal Freedom of Information Act provisions authorizing federal law enforcement agencies to treat records falling under Exemption 7(A), in certain circumstances, as not subject to FOIA. Exemption 7(A) allows an agency to withhold from disclosure records or information compiled for law enforcement purposes to the extent that disclosure "could reasonably be expected to interfere with enforcement proceedings." If the records sought fall within that exemption, the requester may receive a response saying no records responsive to the request exist if one of the three following exclusions applies. The first exclusion applies where 1) "the investigation or proceeding involves a possible violation of criminal law" and 2) "there is reason to believe that (i) the subject of the investigation or proceeding is not aware of its pendency, and (ii) disclosure of the existence of the records could reasonably be expected to interfere with enforcement proceedings." The second exclusion applies where "informant records maintained by a criminal law enforcement agency under an informant's name or personal identifier are requested by a third party according to the informant's name or personal identifier," and the informant's status as an informant has not been officially confirmed. The third exclusion applies to requests involving FBI records "pertaining to foreign intelligence or counterintelligence, or international terrorism, and the existence of the records is classified information," so long as the records remain classified.