FOIA Exemption 7 Explained: Law Enforcement Records, Circuit Splits, and the Six Harms (Admin Law) скачать в хорошем качестве

FOIA Exemption 7 Explained: Law Enforcement Records, Circuit Splits, and the Six Harms (Admin Law)

Welcome to this comprehensive overview of FOIA Exemption 7, a crucial topic for administrative law students. The Freedom of Information Act (FOIA) generally requires federal agencies to disclose records upon request, but Exemption 7 provides a detailed exception for information compiled for law enforcement purposes. This exemption is notable for being the longest and most detailed of the nine FOIA exceptions. It applies only if records are "compiled for law enforcement purposes" AND meet one of the six enumerated harm types (A through F). In this video, Professor Stevenson discusses: The Six Harm-Based Elements of FOIA Exemption 7: 1. 7(A) Interfering with Enforcement Proceedings: Exempts records that could reasonably be expected to interfere with law enforcement proceedings. Note that this requires a balancing test between public access and agency confidentiality, unlike most other FOIA exemptions. 2. 7(B) Right to a Fair Trial: Exempts records that would deprive a person of the right to a fair trial or impartial adjudication. 3. 7(C) Unwarranted Invasion of Personal Privacy: Applies to information that could reasonably be expected to constitute an unwarranted invasion of personal privacy. This is another section requiring a judicial balancing act. 4. 7(D) Confidential Sources: Exempts records that could reasonably be expected to reveal the identity of a confidential source or informant, as well as any information they furnished. 5. 7(E) Circumvention of Law: Applies if disclosure of techniques or procedures for investigations/prosecutions, or guidelines for them, would reasonably be expected to risk circumvention of the law. This prevents sophisticated criminals from evading detection by knowing law enforcement practices. 6. 7(F) Endangering Safety: Exempts records that could reasonably be expected to endanger the life or physical safety of any individual (e.g., potential witnesses). Key Legal Complexities Covered: • Recompilations: Records not originally compiled for law enforcement purposes can later meet the Exemption 7 threshold if they are "recompiled" for that purpose. • The Circuit Split: While all federal circuits examine the nature of the responding agency, they are split on the significance of its nature. o Some circuits demand a "rational nexus" between law enforcement and the specific records being requested, even from agencies primarily focused on law enforcement, like the FBI. o Other circuits grant a per se determination that the threshold is always met for primary law enforcement agencies (like the FBI). Mixed-function agencies (like the EPA or OSHA) typically require an individualized determination regardless of the circuit. Sections: [00:01] Introduction to FOIA and Exemption 7 [00:46] The General Rule: Records Compiled for Law Enforcement Purposes [01:02] Exemption 7A: Interference with Law Enforcement Proceedings [01:36] Exemption 7B: Deprivation of the Right to a Fair Trial [01:47] Exemption 7C: Unwarranted Invasion of Personal Privacy [02:05] Exemption 7D: Reveal Identity of a Confidential Source/Informant [02:20] Exemption 7E: Disclose Techniques or Guidelines Risking Circumvention of the Law [03:19] Exemption 7F: Endanger Life or Physical Safety of an Individual [04:08] Recompilation of Records for Law Enforcement Purposes [04:24] Circuit Split Regarding the Nature of the Responding Agency If you are studying Administrative Law or Constitutional Law, this video provides useful clarity on this complex statute. #FOIA #AdministrativeLaw #LawSchool #FOIAExemption7 #LegalEducation *PREQUEL TO THIS VIDEO (watch before it): U.S. Fish & Wildlife Service v. Sierra Club (FOIA) (17:41)    • U.S. Fish & Wildlife Service v. Sierra Clu...   *SEQUEL TO THIS VIDEO (watch next): NLRB v. Robbins Tire & Rubber Co. (12:56)    • FOIA Disclosure vs. Agency Enforcement: NL...