FOIA Update: The Freedom of Information Act, 5 U.S.C. sect. 552, As...
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http://www.justice.gov/oip/foia_updates/Vol_XVII_4/page2.htm
response to the request.
(v) For purposes of this subparagraph, the term "compelling
need" means-(I) that a failure to obtain requested records on an
expedited basis under this paragraph could
reasonably be expected to pose an imminent threat
to the life or physical safety of an individual; or
(II) with respect to a request made by a person
primarily engaged in disseminating information,
urgency to inform the public concerning actual or
alleged Federal Government activity.
(vi) A demonstration of a compelling need by a person making a
request for expedited processing shall be made by a statement
certified by such person to be true and correct to the best of such
person's knowledge and belief.
(F) In denying a request for records, in whole or in part, an agency shall
make a reasonable effort to estimate the volume of any requested matter the
provision of which is denied, and shall provide any such estimate to the
person making the request, unless providing such estimate would harm an
interest protected by the exemption in subsection (b) pursuant to which the
denial is made.
(b) This section does not apply to matters that are-(1)(A) specifically authorized under criteria established by an Executive order to be kept
secret in the interest of national defense or foreign policy and (B) are in fact properly
classified pursuant to such Executive order;
(2) related solely to the internal personnel rules and practices of an agency;
(3) specifically exempted from disclosure by statute (other than section 552b of this title),
provided that such statute (A) requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, or (B) establishes particular criteria for
withholding or refers to particular types of matters to be withheld;
(4) trade secrets and commercial or financial information obtained from a person and
privileged or confidential;
(5) inter-agency or intra-agency memorandums or letters which would not be available by law
to a party other than an agency in litigation with the agency;
(6) personnel and medical files and similar files the disclosure of which would constitute a
clearly unwarranted invasion of personal privacy;
(7) records or information compiled for law enforcement purposes, but only to the extent that
the production of such law enforcement records or information (A) could reasonably be
expected to interfere with enforcement proceedings, (B) would deprive a person of a right to
a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an
unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the
identity of a confidential source, including a State, local, or foreign agency or authority or any
private institution which furnished information on a confidential basis, and, in the case of a
record or information compiled by a criminal law enforcement authority in the course of a
23/06/2010 17:21
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