The 9 FOIA Exemptions Explained in Plain English

FOIA presumes that government records should be open to the public. Agencies can only withhold records if they fall under one of nine specific exemptions. Even when an exemption applies, the agency must still release any non-exempt portions of the document — this is called "segregability." If you believe an exemption was improperly applied, you have the right to file an administrative appeal.

Protects information that is properly classified under an Executive Order in the interest of national defense or foreign policy. To be properly withheld, the information must be both classified and classifiable — meaning it must meet the substantive criteria for classification, not just have a classification stamp.

Protects records related solely to the internal personnel rules and practices of an agency. After the Supreme Court's decision in Milner v. Department of the Navy (2011), this exemption is narrowly construed to cover only internal human resources-type matters.

Protects information that is specifically exempted from disclosure by another federal statute, provided that statute either requires withholding or establishes particular criteria for withholding. Examples include the CIA Information Act, the National Security Agency Act, and certain tax return provisions.

Protects trade secrets and commercial or financial information obtained from a person that is privileged or confidential. After the Supreme Court's decision in Food Marketing Institute v. Argus Leader Media (2019), information is "confidential" if it is customarily kept private by the submitter.

Protects inter-agency or intra-agency memoranda or letters that would not be available to a party in litigation. This includes the deliberative process privilege, attorney-client privilege, and attorney work product. It is one of the most commonly invoked — and most commonly challenged — exemptions.

Protects information about individuals in personnel, medical, and similar files when disclosure would constitute a "clearly unwarranted invasion of personal privacy." The agency must balance the privacy interest against the public interest in disclosure.

Exemption 7 protects certain law enforcement records that could interfere with proceedings, reveal confidential sources, or endanger someone's life. Exemption 8 protects financial institution examination reports. Exemption 9 protects geological and geophysical data about wells. Exemptions 8 and 9 are rarely invoked compared to the others.

If you believe an exemption was improperly applied, you should: 1. Review the agency's explanation carefully — they must cite the specific exemption and explain why it applies 2. File an administrative appeal with the agency within the specified timeframe (usually 90 days) 3. In your appeal, explain why the exemption does not apply or why the public interest outweighs the withholding 4. If the appeal is denied, you can file a lawsuit in federal district court