The Office of Information Policy (OIP) has posted updates to its compilation of Exemption 3 resources, intended to assist agencies in their administration of the Freedom of Information Act (FOIA) and to increase public understanding of the use of Exemption 3. These materials are located on the FOIA Resources page of OIP's site.
The first resource is an updated list of Statutes Found to Qualify Under Exemption 3 of the FOIA. This resource contains the most current listing of federal statutes that federal courts have affirmatively found to qualify as Exemption 3 statutes. The second resource is the Fiscal Year 2023 list of statutes used in Annual FOIA Reports in conjunction with Exemption 3 of the FOIA. This resource includes a listing of the statutes used by all federal agencies subject to the FOIA, as reported in their FY 2023 Annual FOIA Reports. CSV and PDF versions of this resource provide the citation of each statute used, the type of information protected by the statute, the agencies that cited each statute, and the number of times the statute was cited during the preceding fiscal year. Charts dating back to FY 2010 are also available on OIP's FOIA Resources page.
Agencies that have any questions regarding Exemption 3 statutes, affiliated court decisions, or a statute's impact on FOIA administration may reach out to OIP for advice through the FOIA Counselor Service by calling (202) 514-FOIA (3642).