Federal Court GuidesFOIA › The exemptions
Records the government holds

Reading the redaction codes like counsel does

Every white box on a FOIA release carries a code, and the codes are arguments, not facts. Here is the working translation — what each exemption lawfully covers, and the over-reach patterns appeals feast on.

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The ones you'll actually see

CodeProtectsClassic over-reach
(b)(5)Deliberative process, attorney work productFacts dressed as deliberation; final decisions treated as drafts — and the foreseeable-harm test now required, rarely shown
(b)(6)Personal privacy in personnel-type filesRedacting the requester's own information back at them; officials' names doing official acts
(b)(7)Law-enforcement records, subdivided (A) through (F) 'Techniques' claims over routine, publicly known procedures; (7)(A) invoked for investigations long closed
(b)(3)Material other statutes wall off — visa records under INA 222(f) prominentlySweeping adjacent records behind the named statute's actual scope
(b)(1)Properly classified national-security material Rarer in benefits files than the redactions imply

The two doctrines that beat codes

Segregability — exempt passages do not exempt pages; releasable portions must be carved out and produced. Foreseeable harm — since 2016, lawful-to-withhold is not enough; the agency must show release would actually harm the protected interest. Most boilerplate fails one or both, which is what the appeal is for.

Questions people actually ask

They redacted my own statements to them. Can they?

Your own information generally can't hide behind privacy exemptions from you — a correct appeal ground and a common win.

What does 'Glomar' mean on my response?

A refusal to confirm records exist at all — reserved for cases where the fact of existence is itself protected, and over-used. It's challengeable like any withholding.

Is fighting (b)(5) worth it?

Post-2016, yes more than ever: deliberative claims without a foreseeable-harm showing are the softest target on the modern exemption board.