7(D) – to disclose the identity/identities of confidential sources.Įxample of information the Department of Homeland Security may withhold using 7(D): Identifying information of confidential informants. law enforcement officers’ names, witness/interviewee identifying information. 7(C) – to constitute an unwarranted invasion of the personal privacy of a third party/parties (in some instances by revealing an investigative interest in them).Įxample of information the Department of Homeland Security may withhold using 7(C): Identifying information of individuals associated with a law enforcement proceeding i.e.
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7(B) – would deprive a person of a right to a fair trial or an impartial adjudication.Įxample of information the Department of Homeland Security may withhold using 7(B): Information that could potentially contaminate a jury pool. 7(A) – to interfere with enforcement proceedings.Įxample of information the Department of Homeland Security may withhold using 7(A): Records pertaining to an open law enforcement investigation. Protects records or information compiled for law enforcement purposes the release of which could reasonably be expected: Protects information that would constitute a clearly unwarranted invasion of personal privacy of the individuals involved.Įxample of information the Department of Homeland Security may withhold using 6: Social Security Numbers, home addresses and telephone numbers, certain identifying information regarding Department employees. Protects the integrity of the deliberative or policy-making processes within the agency by exempting from mandatory disclosure opinion, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters.Įxample of information the Department of Homeland Security may withhold using 5: Draft documents and recommendations or other documents that reflect the personal opinion of the author rather than official agency position.
Protects trade secrets and commercial or financial information which could harm the competitive posture or business interests of a company.Įxample of information the Department of Homeland Security may withhold using 4: Commercially valuable formulas or other proprietary information not customarily released to the public entity from whom the information is obtained.
The CII Act defines Protected Critical Infrastructure Information (PCII) as critical infrastructure information validated by the PCII Program pertaining to actual, potential, or threatened interference with, attack on, compromise of, or incapacitation of critical infrastructure or protected systems (cyber) by either physical or computer-based attack or other similar conduct (including the misuse of or unauthorized access to all types of communications and data transmission systems) that violates federal, state, or local law, harms interstate commerce of the United States, or threatens public health or safety. Protects information exempted from release by statute.Įxample of information the Department of Homeland Security may withhold using Exemption 3 is information protected by the Critical Infrastructure Information (CII) Act of 2002. Protects records related solely to the internal personnel rules and practices of an agency. Protects information that is properly classified in the interest of national security pursuant to Executive Order 12958.
Below, find concise descriptions of the FOIA exemptions and examples of information DHS may withhold under each exemption.
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