Exemptions to disclosing information under the FOI Act

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FOI guide How To Use The Federal FOI Act

Exemptions to disclosing information under the FOI Act

The FOI Act includes nine exemptions or reasons that the government can use to refuse to disclose information. In brief, these exemptions cover documents relating to (in the order of their appearance in the Act):

1. National security

2. Internal agency personnel rules

3. Information specifically exempted by dozens of other federal laws already on the books

4. Trade secrets and confidential commercial information

5. Internal agency memoranda and policy discussions

6. Personal privacy

7. Law enforcement investigations

8. Federally regulated banks

9. Oil and gas wells

Except for the statutory exemption, these exemptions, for the most part, are not mandatory — which means that the government is permitted, but not required, to withhold the information. Even if records fall within these categories, they still can be released at the government’s discretion. This is particularly true if you can show that disclosure would be “in the public interest.”

Furthermore, even though portions of a requested document may be covered by an exemption, the FOI Act requires the government agency to release the remainder of the document or file after the exempt material has been edited out. The type of information covered by each of the nine exemptions is discussed below.

Next section: National Security