[Code of Federal Regulations] [Title 32, Volume 2] [Revised as of July 1, 2008] From the U.S. Government Printing Office via GPO Access [CITE: 32CFR197 App A] [Page 57-58] TITLE 32--NATIONAL DEFENSE CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED) PART 197_HISTORICAL RESEARCH IN THE FILES OF THE OFFICE OF THE SECRETARY OF Sec. Appendix A to Part 197--Explanation of Freedom of Information Act (5 U.S.C. 552) Exemptions A. Exemptions ------------------------------------------------------------------------ Exemption Explanation ------------------------------------------------------------------------ (b)(1)........................... Applies to information that is currently and properly classified pursuant to an Executive Order in the interest of national defense or foreign policy (See E.O. 12958 and DoD 5200.01-R) (Sec 1.4. Classification Categories from E.O. 12958 are provided on the next page); (b)(2)........................... Applies to information that pertains solely to the internal rules and practices of the Agency; this exemption has two profiles, ``high'' and ``low.'' The ``high'' profile permits withholding a document which, if released, would allow circumvention of an Agency rule, policy, or statute, thereby impeding the Agency in the conduct of its mission. The ``low'' profile permits withholding if there is no public interest in the document, and it would be an administrative burden to process the request; (b)(3)........................... Applies to information specifically exempted by a statute establishing particular criteria for withholding. The language of the statute must clearly state that the information will not be disclosed; (b)(4)........................... Applies to information such as trade secrets and commercial or financial information obtained from a company on a privileged or confidential basis which, if released, would result in competitive harm to the company; (b)(5)........................... Applies to inter- and intra-Agency memoranda that are deliberative in nature; this exemption is appropriate for internal documents that are part of the decision-making process, and contain subjective evaluations, opinions, and recommendations; (b)(6)........................... Applies to information the release of which could reasonably be expected to constitute a clearly unwarranted invasion of the personal privacy of individuals; and (b)(7)........................... Applies to records or information compiled for law enforcement purposes that could reasonably be expected to interfere with law enforcement proceedings; would deprive a person of a right to a fair trial or impartial adjudication; could reasonably be expected to constitute an unwarranted invasion of the personal privacy of others; disclose the identity of a confidential source; disclose investigative techniques and procedures; or could reasonably be expected to endanger the life or physical safety of any individual. ------------------------------------------------------------------------ See Chapter III of DoD 5400.07-R for further information. B. Extract From E.O. 12958 Section 1.4. Classification Categories. Information shall not be considered for classification unless it concerns: (a) Military plans, weapons systems, or operations; (b) Foreign government information; (c) Intelligence activities (including special activities), intelligence sources or methods, or cryptology; [[Page 58]] (d) Foreign relations or foreign activities of the United States, including confidential sources; (e) Scientific, technological, or economic matters relating to the national security, which includes defense against transnational terrorism; (f) United States Government programs for safeguarding nuclear materials or facilities; (g) Vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security, which includes defense against transnational terrorism; or (h) Weapons of mass destruction.