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Recent Significant FOIA Decisions Richard Huff

Recent Significant FOIA Decisions Richard Huff. October 23, 2019. 14th Annual FOIAXpress User Conference & Technology Summit. Procedural Issues. Open America Stays How much time will the courts give an agency to process a request?. Procedural Issues. Scope of a Request. Exemption 1.

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Recent Significant FOIA Decisions Richard Huff

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  1. Recent Significant FOIA Decisions • Richard Huff October 23, 2019 14th Annual FOIAXpress User Conference & Technology Summit

  2. Procedural Issues Open America Stays How much time will the courts give an agency to process a request?

  3. Procedural Issues Scope of a Request

  4. Exemption 1 Redactions to protect vulnerabilities of American weapons systems were waived by disclosures by processing component and by disclosures processed by other components in the same agency

  5. Exemption 3 Statutes enacted after 2009 must reference FOIA’s Exemption 3 in order to qualify under the 2009 Open FOIA Act

  6. Exemption 4 What is “confidential” after Food Marketing Institute?

  7. Exemption 5 Consultant corollary Waiver of Attorney-work product privilege

  8. Exemption 6 Protecting identities of agency employees who investigated wrongdoing at a state biolab because a “nefarious person interested in . . . specific toxins” could harass or threaten those employees where requester provided no public interest

  9. Exemption 7(A) When a law enforcement proceeding is on appeal, could disclosure reasonably be expected cause interference?

  10. Exemption 7(C) Privacy interests of possible terrorists, of possible decedents, and of “homestead” businesses

  11. Exemption 7(A) Corps of Engineers information of sensitivity to Customs and Border Protection

  12. Richard Huff FOIA Instructor

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