Explanation of Exemptions

You will note that, in some instances, information has been deleted from GulfLINK documents. The documents contained in GulfLINK have been reviewed and declassified for operational security, intelligence, Freedom of Information Act (FOIA), and Privacy Act concerns and annotated accordingly. The following exemption code explanations serve to clarify these annotations.

  • Freedom of Information Act exemption codes
  • FOIA and GulfLINK
  • Extract From Executive Order 12958

    Freedom of Information Act Exemption codes:

    (b)(1) applies to material which is properly classified pursuant to an Executive Order in the interest of national defense or foreign policy (see Exec Order 12958 Extract);

    (b)(2) applies to information which pertains solely to the internal rules and practices of the Agency;

    (b)(3) applies to information specifically exempted by a statue establishing particular criteria for withholding.

    (b)(4) applies to information such as trade secrets and commercial or financial information obtained from a person on a privileged or confidential basis;

    (b)(5) applies to inter and intra-agency memoranda which are advisory in nature;

    (b)(6) applies to information release of which would constitute an unwarranted invasion of the personal privacy of other individuals; and

    (b)(7) applies to investigatory records, release of which could (C) constitute an unwarranted invasion of the personal privacy of others, (D) disclose the identity of a confidential source, (E) disclose investigative techniques and procedure, or (F) endanger the life of physical safety of law enforcement personnel. (To be used in conjunction with FOIA (b)(1) exemption)

    FOIA and GulfLINK

    Documents within GulfLINK which contain any of the above codes contained information that, upon initial review, was considered to be exempt from the mandatory disclosure provisions of the Freedom of Information Act (FOIA). However, you have the right, under the FOIA, to request disclosure of the deleted information. Should you desire to invoke the FOIA for that purpose, please send your request to the respective Department of Defense (DoD) organization which originated the record. The DoD organizations are listed below. In order to determine which organization originated the record, readers whould refer to the "FROM" or "FM" line at the beginning of each message. The "FROM" line usually consists of a group of numbers, letters, or a combination of both, which identify the specific Army, Navy, Air Force, or defense agency originator. An example might be "123MSS, ANYNAME AFB, VA" which would reflect an Air Force originated message. Once the originator is identified by military service or defense agency by either the "FROM" line or the context of the message, you should forward the request to the appropriate address below:

    Department of the Army
    Freedom of Information/Privacy Act Office
    SAIS-IDP-F/P, Suite 201
    1725 Jefferson Davis Hwy.
    Arlington, VA 22202-4102

    Department of the Navy
    Chief of Naval Operations
    N-09B830, Room 5E521
    200 Navy Pentagon
    Washington, D.C. 20350-2000

    Department of the Air Force
    11 MSS/IMS (FOIA)
    Room 4A1088C
    1000 Air Force Pentagon
    Washington, D.C. 20330-1000

    Defense Intelligence Agency
    Attn: PSP/FOIA
    Washington, D.C. 20340-5100

    National Security Agency
    Central Security Service
    ATTN: N5P5
    Ft. George G. Meade, MD 20755-6000

    In the event you are unsure as to where to send your request, or you desire records originiating from the Office of the Assistant Secretary of Defense (Health Affairs), forward your request to the below address. Please include all the record identifying information provided in the document.

    Directorate for Freedom of Information and Security Review
    Room 2C757
    1400 Defense Pentagon
    Washington, D.C. 20301-1400

    Extract From Executive Order 12958

    Sec. 1.5. Classification Categories.

    Information may not be considered for classification unless it concerns:

    (a) military plans, weapons systems, or operations;
    (b) foreign government information;
    (c) intelligence activities (including special activities), intelligence sources or methods, or cryptology;
    (d) foreign relations or foreign activities of the United States, including confidential sources;
    (e) scientific, technological, or economic matters relating to the national security;
    (f) United States Government programs for safeguarding nuclear materials or facilities; or
    (g) vulnerabilities or capabilities of systems, installations, projects or plans relating to the national security.

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