What is FOIA 4 exemption?
FOIA Exemption 4 generally permits federal agencies to withhold from public disclosure information consisting of “trade secrets and commercial financial information obtained from a person [that is] privileged or confidential.” 5 U.S.C.
What is the FOIA exemption for PII?
This exemption permits the government to withhold all information about individuals in “personnel and medical files and similar files” when the disclosure of such information ” would constitute a clearly unwarranted invasion of personal privacy.” This exemption cannot be invoked to withhold from a requester information …
Is Congress exempt from FOIA?
Although Congress is not subject to FOIA, the act may inform communications between the legislative branch and FOIA- covered entities.
How do I submit a FOIA request?
If the information you want is not publicly available, you can submit a FOIA request to the agency’s FOIA Office. The request simply must be in writing and reasonably describe the records you seek. Most federal agencies now accept FOIA requests electronically, including by web form, e-mail or fax.
Is Gao subject to FOIA?
The Government Accountability Office (GAO) is not subject to the Freedom of Information Act (FOIA) (5 USC 552).
When can you refuse a FOIA request?
You can refuse an entire request under the following circumstances: It would cost too much or take too much staff time to deal with the request. The request is vexatious. The request repeats a previous request from the same person.
What is excluded from the Freedom of Information Act?
The nine exemptions are described below. Exemption 1: Information that is classified to protect national security. Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.
What is the difference between freedom of information and subject access request?
If the information you want is information relating to YOU and your personal data then a subject access request will do. If the information you want is for example about the number of car crash incidents in a given year an FOI request will do.
Can a company refuse a subject access request?
Yes. If an exemption applies, you can refuse to comply with a SAR (wholly or partly). Not all exemptions apply in the same way and you should look at each exemption carefully to see how it applies to a particular request.
What is exempt from general right of access?
The Act creates a general right of access to information held by public bodies, but also sets out 23 exemptions where that right is either not allowed or is qualified. The exemptions relate to issues such as national security, law enforcement, commercial interests, and personal information.
What is subject to access request?
What is a subject access request? A subject access request (SAR) is simply a written request made by or on behalf of an individual for the information which he or she is entitled to ask for under section 7 of the Data Protection Act 1998 (DPA). The request does not have to be in any particular form.
What information can an individual request with a subject access request?
The right of access, commonly referred to as subject access, gives individuals the right to obtain a copy of their personal data, as well as other supplementary information. It helps individuals to understand how and why you are using their data, and check you are doing it lawfully.
On what grounds can an SAR be refused?
The ICO guidance says that you can only refuse to comply with a SAR where it is manifestly unfounded or excessive, taking into account whether it is repetitive. If you conclude you do not need to respond, you must to be able to justify your decision.
Are emails included in a subject access request?
The right of access only applies to the individual’s personal data contained in the email. This means you may need to disclose some or all of the email to comply with the SAR. Just because the contents of the email are about a business matter, this does not mean that it is not the individual’s personal data.