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# Exclusions

In amending the Freedom of  Information Act in 1986, Congress created a novel mechanism for protecting  certain especially sensitive law enforcement matters, under subsection (c) of  the Act. These three special protection provisions, referred to as record  "exclusions," are reserved for certain specified circumstances.  The record exclusions expressly authorize  federal law enforcement agencies, under these exceptional circumstances, to  "treat the records as not subject to the requirements of the FOIA."  For more information regarding FOIA  Statutory Exclusions, visit http://www.justice.gov/oip/foiapost/2012foiapost9.html

## The (c)(1) Exclusion

The  first of these novel provisions, known as the "(c)(1) exclusion,"  provides as follows: 

Whenever  a request is made which involves access to records described in subsection  (b)(7)(A) and (A) the investigation or proceeding involves a possible violation  of criminal law; and (B) there is reason to believe that (i) the subject of the  investigation or proceeding is not aware of its pendency, and (ii) disclosure  of the existence of the records could reasonably be expected to interfere with  enforcement proceedings, the agency may, during only such time as that  circumstance continues, treat the records as not subject to the requirements of  this section.

## The (c)(2) Exclusion

The second exclusion applies to a narrower situation, involving  the threatened identification of confidential informants in criminal  proceedings.  The "(c)(2)  exclusion" provides as follows: 

Whenever informant records maintained by a criminal law  enforcement agency under an informant's name or personal identifier are  requested by a third party according to the informant's name or personal  identifier, the agency may treat the records as not subject to the requirements  of [the FOIA] unless the informant's status as an informant has been officially  confirmed.

## The (c)(3) Exclusion

The third of these special record exclusions pertains only to  certain law enforcement records that are maintained by the FBI.  The "(c)(3) exclusion" provides as  follows: 

Whenever a request is made which involves access to records  maintained by the Federal Bureau of Investigation pertaining to foreign intelligence  or counterintelligence, or international terrorism, and the existence of the  records is classified information as provided in [Exemption 1], the Bureau may,  as long as the existence of the records remains classified information, treat  the records as not subject to the requirements of the FOIA. 

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