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To the extent the responsive records are not excluded from the FOIA under a FOIA exclusion (see 4-4.22), the records custodian must consider the extent to which they are exempt from disclosure under the Postal Reorganization Act (PRA) exemptions described in Exhibit 4-4.23. To the extent the records are so exempt, the records custodian may deny the request. If the request is denied under a PRA exemption, the records custodian must also deny it under FOIA Exemption 3 as the PRA exemption statutes are both an independent source of exemption and exempting statutes under FOIA Exemption 3 (see 4-4.24.2.3; also see 4-4.26 for information to include in a response).
Exhibit 4-4.23
Table of Postal Reorganization Act Exemptions
PRA Exemption
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What is Exempt
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39 U.S.C. 410(c)(1)
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The name or address, past or present, of any Postal Service customer, except that the name and address of a specifically identified Postal Service customer is disclosed to the general public upon request in limited circumstances (see 4-2.2.1).
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39 U.S.C. 410(c)(2)
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Information of a commercial nature, including trade secrets, whether or not they are obtained from a person outside the Postal Service, which under good business practice would not be publicly disclosed.
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39 U.S.C. 410(c)(3)
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Information prepared for use in connection with the negotiation of collective bargaining agreements under 39 U.S.C. Chapter 12 or minutes of, or notes kept during, negotiating sessions conducted under such chapter.
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39 U.S.C. 410(c)(4)
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Information prepared in connection with proceedings under 39 U.S.C. Chapter 36 relating to rates, classification, and service changes.
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39 U.S.C. 410(c)(5)
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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.
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39 U.S.C. 410(c)(6)
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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.
Note: However, it is the Postal Service’s policy to ordinarily make records or information compiled for law enforcement purposes available to the general public upon request unless the disclosure is covered by FOIA Exemption 7 (see 4-4.24.2.7).
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39 U.S.C. 412
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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 for any purpose, except as specifically authorized by law. In response to a proper FOIA request, the Postal Service may, to the extent required by law, provide a listing of Postal Service employees working at a particular Postal Service facility. See 39 CFR 265.14(e). Regarding Privacy Act requests, the Postal Service may release a list of names and addresses of individuals pursuant to a written request by, or with the prior written consent of, each individual whose name and address is contained in such list, provided that such names and addresses are derived from records maintained by the Postal Service in a system of records as defined by the Privacy Act. See 39 CFR 266.3(b)(3)(iv). (See 39 CFR 266.3(b)(3) for other exceptions not related to the FOIA or the Privacy Act.)
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