Why does the USGS invoke Freedom of Information Act (FOIA) Exemption 5 (deliberative process privilege)?
FOIA Exemption 5 (deliberative process privilege) applies to inter-agency or intra-agency records where, for instance, there is a work product that is in draft format or documents that contain deliberations between parties leading up to a decision (including what to publish or not to publish in one of our products).
The purpose of the privilege is to:
Encourage open, frank discussions on matters of policy between subordinates and superiors;
Protect against premature disclosure of proposed policies before they are adopted or draft publications/products before they are published;
Protect against public confusion that might result from disclosure of reason and rationales that were not, in fact, ultimately the grounds for a bureau’s action.
For more information, see the Department of Justice FOIA Guide, page 13.
Related
What information/data is NOT covered by the Freedom of Information Act (FOIA)? What information/data is NOT covered by the Freedom of Information Act (FOIA)?
Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples). Access to some samples can be arranged through our laboratories. Files that are protected from disclosure by any of nine...
What information should I include in my Freedom of Information Act (FOIA) request? What information should I include in my Freedom of Information Act (FOIA) request?
While you are not required to give a reason for your request, you should be as specific as possible when describing the records that you seek. That will produce faster and better results. Phrases like “any and all” can significantly delay the processing time and potentially increase your processing fee. Prior to submitting your request, we suggest that you: Check the USGS website and/or contact...
Is there a cost for obtaining federal records under the Freedom of Information Act (FOIA)? Is there a cost for obtaining federal records under the Freedom of Information Act (FOIA)?
By law, the USGS is authorized to charge Freedom of Information Act (FOIA) processing fees to requesters in order to recover the direct costs of search, review, and duplication of requested records. The fees depend on the requester category into which you fall. If the total costs of supplying the requested information is less than 50 dollars, the USGS will waive any applicable FOIA processing fees...
Related
What information/data is NOT covered by the Freedom of Information Act (FOIA)? What information/data is NOT covered by the Freedom of Information Act (FOIA)?
Information/data that is NOT covered by the Freedom of Information Act (FOIA) includes: Non-agency records and personal records. Public requests for access to physical artifacts or scientific samples (e.g. core samples, sediment, rocks, fossils, specimen samples, blood samples). Access to some samples can be arranged through our laboratories. Files that are protected from disclosure by any of nine...
What information should I include in my Freedom of Information Act (FOIA) request? What information should I include in my Freedom of Information Act (FOIA) request?
While you are not required to give a reason for your request, you should be as specific as possible when describing the records that you seek. That will produce faster and better results. Phrases like “any and all” can significantly delay the processing time and potentially increase your processing fee. Prior to submitting your request, we suggest that you: Check the USGS website and/or contact...
Is there a cost for obtaining federal records under the Freedom of Information Act (FOIA)? Is there a cost for obtaining federal records under the Freedom of Information Act (FOIA)?
By law, the USGS is authorized to charge Freedom of Information Act (FOIA) processing fees to requesters in order to recover the direct costs of search, review, and duplication of requested records. The fees depend on the requester category into which you fall. If the total costs of supplying the requested information is less than 50 dollars, the USGS will waive any applicable FOIA processing fees...