Link to "4-4.21 Procedures Upon Receipt of a Consultation from Another Agency" Link to contents for "4 Records Notification, Access, and Disclosure Procedures Under the Privacy Act and Freedom of Information Act"      Link to "4-4.23 Considering Postal Reorganization Act Exemptions"

4-4.22 Considering FOIA Exclusions

The records custodian must consider the extent to which records responsive to a request are excluded from the FOIA under the FOIA exclusions applicable to the Postal Service described in Exhibit 4-4.22. To the extent the responsive records or information are so excluded, the records custodian may notify the requester that there are no records responsive to the request.

The U.S. Department of Justice’s Guide to the Freedom of Information Act available at http://www.justice.gov/oip/foia_guide09.htm includes guidance regarding application of the FOIA exclusions.

Exhibit 4-4.22 

Table of FOIA Exclusions

 

FOIA
Exclusion

What is Excluded

5 U.S.C. 552(c)(1)

During only such time as all of the following conditions are met, the responsive records or information may be treated as not subject to the FOIA:

  1. A request involves access to records described in FOIA Exemption 7(A) (see 4-4.24.2.7).
  2. The investigation or proceeding involves a possible violation of criminal law.
  3. There is reason to believe both of the following:
    1. The subject of the investigation or proceeding is not aware of its pendency, and
    2. The disclosure of the existence of the responsive records could reasonably be expected to interfere with enforcement proceedings.

5 U.S.C. 552(c)(2)

The responsive records or information may be treated as not subject to the FOIA if all of the following conditions are met:

  1. A criminal law enforcement agency (i.e., the Postal Inspection Service or the Postal Service Office of Inspector General) maintains an informant’s records under the informant’s name or personal identifier,
  2. A third party requests those informant’s records according to the informant’s name or personal identifier, and
  3. The informant’s status has not been officially confirmed.



Link to "4-4.21 Procedures Upon Receipt of a Consultation from Another Agency" Link to contents for "4 Records Notification, Access, and Disclosure Procedures Under the Privacy Act and Freedom of Information Act"      Link to "4-4.23 Considering Postal Reorganization Act Exemptions"