What exemptions allow the government to withhold information under FOIA?

What the Law Says

The Freedom of Information Act (FOIA) establishes a presumption of openness but permits federal agencies to withhold records that fall within one or more of nine statutory exemptions. These exemptions are narrowly construed and require agencies to reasonably foresee harm from disclosure—or, for certain exemptions, meet strict statutory criteria.

FOIA’s exemptions are listed in 5 U.S.C. § 552(b). Each exemption authorizes withholding only if the record 'falls within' its scope—and courts require agencies to justify withholding with specificity.

Agencies must release any 'reasonably segregable' non-exempt information, even when part of a record is exempt. They also bear the burden of proving an exemption applies if challenged in court.

Some exemptions—like Exemption 1 (classified national defense or foreign policy information) and Exemption 3 (information protected by other statutes)—require no harm analysis. Others—like Exemptions 6 and 7(C)—require balancing the public interest in disclosure against personal privacy interests.

Statutory Text

(b) This section does not apply to matters that are— (1) specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and (2) are in fact properly classified pursuant to such Executive order;

— 5 U.S.C. § 552(b)(1) — Exemption 1

Statutory Text

(b) This section does not apply to matters that are— (6) personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy;

— 5 U.S.C. § 552(b)(6) — Exemption 6

Statutory Text

(b) This section does not apply to matters that are— (7) records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information— (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy;

— 5 U.S.C. § 552(b)(7)(C) — Exemption 7(C)

What to Do

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