4-5.3 Exemption 3 (5 USC 552(b)(3)) — Federal Law

Exemption 3 applies to information that is exempt from disclosure under another federal statute. Examples include the Postal Reorganization Act and 39 U.S.C. 410(c) and 412. The table below lists the statutes and a brief description of the type(s) of information withheld under each statute most frequently relied upon by the Postal Service. Other statutes may apply.

Exhibit 4-5 

Exemption 3 Statutes


Exempting Statute

Type of Information Covered

39 U.S.C. 410(c)(1)

Permits the withholding of the name or address, past or present, of any Postal Service customer.

39 U.S.C. 410(c)(2)

Information of a commercial nature, including trade secrets, whether or not obtained from a person outside the Postal Service, which under good business practice would not be disclosed.


39 U.S.C. 410(c)(3)

Information prepared for use in the negotiation of collective bargaining agreements under 39 U.S.C. Chapter 12 and minutes or notes kept during the negotiating sessions.

39 U.S.C. 410(c)(4)

Information prepared for proceedings under 39 U.S.C. Chapter 36, relating to rates, classification, and service changes.

39 U.S.C. 410(c)(5)

Reports and memoranda of consultants or independent contractors, except to the extent that they would be required to be disclosed if prepared within the Postal Service.

39 U.S.C. 410(c)(6)

Investigatory files, whether or not considered closed, compiled for law enforcement purposes, except to the extent available by law to a party other than the Postal Service.

39 U.S.C. 412

Prohibits the disclosure of mailing lists or other lists of names or addresses (past or present) of Postal Service customers or other persons to the public by any means or for any purpose.

18 U.S.C. 1461

Records concerning nonmailable matter.

18 U.S.C. 2510-2520

Records relating to wiretap requests and information.

Federal Rules of Criminal Procedure-Rule 6(e)

Grand jury information.

Inspector General Act of 1978, Section 7(b)

Confidentiality of employee complaint information