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Why Your FOIA Request May Be Denied by NETCOM

     

Listed below are nine reasons why your FOIA request cannot be completed:

  1)

Those properly and currently classified in the interest of national defense/security or foreign policy. If the information qualifies as exemption 1, there is no-discretion regarding its release.

  2)

Those related solely to the internal personnel rules and practices of the Department of Defense or any of its components.

  3)

Those concerning matters that a statute specifically exempts from disclosure by terms that permit no discretion on the issue. A few examples of such statues are: Patent secrecy, restricted data, communication intelligence, confidentiality of medical quality, contractor proposals, etc.

  4)

Those containing trade secrets or commercial or financial information that a DoD component receives from a person or organization outside the government. The disclosure of such records will likely cause substantial harm to the competitive position of the source providing the information.

  5)

Those containing information considered privileged in litigation, primarily under the deliberative process privilege.

  6)

Information of personnel and medical files, as well as similar personal information in other files, that would result in a clearly unwarranted invasion of personal privacy.

  7)

Records or information compiled for law enforcement purposes; i.e., civil criminal, or military law, including the implementation of Executive Orders or regulations issued pursuant to law.

  8)

Records pertaining to the regulation or supervision of financial institutions.

  9)

Those records containing geological and geophysical information and data (including maps) concerning wells.

 
 

Information Is Not Necessarily Free

     

FOIA Fees are Broken Down Into the Following Four Categories:

  1)

Educational and Scientific: Any accredited U.S. educational or research institution or instructor/researcher of such an institution using the information in a scholarly or analytical work contributing to public knowledge and disseminated to the public.

  2)

Commercial: Increases the commercial interest of the requester -- for example, book publishers, and authors.

  3)

U.S. News Media: Representatives of U.S. newspapers, television stations, radio stations, and freelancers (if publishing through one of these news organizations) disseminating current events of interest to the general public to enhance its understanding of the operation or activities of the U.S. Government.

  4)

All Others: Requests from individuals who do not fit into the previous three categories

 
 

FOIA Provides for the Collection of Fees

     

Definitions of Labor and Material Charges:

  ►

Searches: Time spent in looking for and retrieving material, either paper or electronic files, that may be responsive to the request, including personnel hours (clerical and professional) or computer time.

  ►

Reviews: Time spent to determine if the record is releasable under legal guidelines, excluding the resolution of legal or policy issues. This includes blacking out or redaction of text.

  ►

Reproduction: Generating a copy of a requested record in the appropriate medium, for example paper or computer disk.

 
 
 
 

 
     

FOIA Labor and Material Fees are Charged Based on Requestor's Category:

  ►

Category: Educational & Scientific

Search Cost: None

Review Cost: None

Reproduction Cost: First 100 pages are free; 15 cents per page after

  ►

Category: Commercial & All Others

Search Cost: Clerical: $20/hour | Professional: $44/hour | Executive: $75/hour

Review Cost: Clerical: $20/hour | Professional: $44/hour | Executive: $75/hour

​Reproduction Cost: 15 cents per page

  ►

Category: News Media

Search Cost: None

Review Cost: None

​Reproduction Cost: First 100 pages are free; 15 cents per page after

 
 
 
 

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