The United States Department of Justice Guide to the Freedom of Information Act is a comprehensive legal treatise on the FOIA. The Guide includes detailed discussions of the FOIA’s procedural requirements, nine exemptions, and litigation considerations. Each section contains a detailed analysis of the key judicial opinions issued on the FOIA.

As announced in the Department’s Open Government Plan version 2.0, the 2013 edition of the Guide is transitioning from a paper publication to an online resource. This new “living” document will allow OIP to update the Guide with significant new developments in the FOIA as they occur, will include links to relevant guidance, and provide users the ability to conduct searches throughout the entire Guide.

The new edition of the Guide is currently being prepared for posting by the staff of OIP. As each section of the new edition is finalized and published, it will be posted below. The 2009 edition of the Guide will continue to be available for reference and use while updates are ongoing to the new edition, after which it will be moved to the archive section of the OIP website.  Announcements will appear on FOIA Post and via OIP’s Twitter account, @FOIAPost, as each section of the new edition is posted.

All sections are available as Portable Document Format files, which may be viewed with a free copy of Adobe Acrobat Reader.

TABLE OF CONTENTS

Introduction

Proactive Disclosures

Procedural Requirements

Fees and Fee Waivers

Exemption 1

Exemption 2 (posted March 05, 2013)

Exemption 3

Exemption 4

Exemption 5

Exemption 6

Exemption 7

Exemption 7(A)

Exemption 7(B)

Exemption 7(C)

Exemption 7(D)

Exemption 7(E) (posted April 23, 2013)

Exemption 7(F)

Exemption 8

Exemption 9

Exclusions

Discretionary Disclosure and Waiver

Litigation Considerations

Attorney Fees

Reverse FOIA

Text of the Freedom of Information Act

Text of the President's Memorandum on the Freedom of Information Act

Text of the Attorney General's Memorandum on the Freedom of Information Act