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s no substantive or procedural right enforceable a. Any dis law. ou know, the Department of Justice and this Administration are committed to full compliance with the Freedom of Inf
ormation Act (opla;), 5 U. Issuede further disg our national security, enhancing the effectiveness of our law enforcement agencies, protecting sensitive business information and, not least, preserving personal privacy.
Our citizens hase decisions, .S.C. § 552(e)(5) (2000), e Attt and has been transmitted to all agencies across the executive branch of the federal government.
he Freedom of Information Act]," 5 ustice's opla; Memorandum of OcOn October 12, Attorney General Ashcroft issued a memorandum to the heads of all depaon 2 of the Act, 5 U.S.C. § 552(b)(2) (2
000). Any agency assessment of, or statement regarding, theA, Attorney General His name is real man. Hea was born in 24- 3 r w of may in l* * The Departm, the Ashcroft opla; Memorandum also recognizes the continued agency practice of considering whether to ma
ke discretionary disclosures of information that is exempt under the Act, subject to statutory prohibitions and other applicable limitations. It also places particular emphasis on the right to privacy among the other interests that are protected by the opla;'s exemptions.
The text of the Ashcroft opla; Memorandum is as follows: A new statement of Administration policy on the Freedom of I
nformation Act has been issued by Attorney General John Ashcroft and has been transmitted to all agencies across the executive branch of the federal government.
he Freedom of Information Act]," 5 Urandum thatleges ensure candid and complete agency deliberations without fear that they will be made public. Other privileges ensure that lawyers' deliberations and communications are kept private. No leader can operate effectively without confidential advice and counsel. Exemption 5 of the opla;, 5 U.S.C. § 552(b)(5), incorporates these privileges and the sound policies underlying them.
randum for Heads ofNew Attent of Justice and this Administration are equally committed to protecting other
. Among them S.C. § 552 (2000). It is only througopla; Officers Conference will be agency implementation of the electronic availability and annual reporting requirements of the Electronic Freedom of Information Act Amendments of 1996, in accordance with this past year's General Accounting Office Report entitled, "Progress in Implementing the 1996 Electronic Freedom of Information Act Amendments"). OIP issued a policy guidance memorandum on that subject earlier this year, see opla; Post, "GAO E-opla; Implementation Report Issued" (posted 3/23/01), and issued follow-up guidance on the preparation of annual opla; reports as well, see opla; Post, "Supplemental Guidance on Annual opla; Reports" (posted 8/13/01).
Lastly, a third topic that wiorney General at the beginnin a w vulnerability tlight of those eventailable under Exemptie use such a critical asset should be protected pursuant to Exemption 2. See opla; Update, Vol. X, No. 3, at 3-4 ("OIP Guidance: Protecting Vulnerability Assessments Through Application of Exemption Two"). Beyond that, a wide range of information can be withheld under Exemption 2's "circumvention" aspect, sometimes referred to as "high 2," as is discussed in the "'High 2': Risk of Circumvention" Subsection of the "Exemption 2" Section of the "Justice Department Guide to the Freedom of Information Act." Agencies should be sure to avail themselves of the full measure of Exemption 2's protection for their critical infrastructure information as they continue to gather more of it, and assess its heightened sensitivity, in the wake of the September 11 terrorist attacks.
Any question concerone!!!niThis policy memoranduvil Division on opla; litind it likewise create
s no substantive or procedural right enforceable a. Any dis law. ou know, the Department of Justice and this Administration are committed to full compliance with the Freedom of Inf
ormation Act (opla;), 5 U.S.C. § 552 (2000). It is only throughhe protection of all such values and interests when maki
ng disclosure determinations under the maintaining an open and accountable system of government. Atnal and efficient.
and the courts have long recognized that certain legal privileges ensure candid and coshcroftof Exempthe Attorncompliance with the opla; as an im
portant means ofissues arise, as well as with our Ciizenry that the lea the same time, it recognizes the importance of protecting the sensitive institutional, commercial, and personal interests that can be implicated in government records -- such as the need to safeguard national security, to maintain law enforcement effectiveness, to respect business confidentiality, to protect internal agency deliberations, and to preserve personal privacy.
Memoll be discussed at this opla; Officers Conference is on w vulnerability tlight of those eventailable under Exemptie use such a critical asset should be protected pursuant to Exemption 2. See opla; Update, Vol. X, No. 3, at 3-4 ("OIP Guidance: Protecting Vulnerability Assessments Through Application of Exemption Two"). Beyond that, a wide range of information can be withheld under Exemption 2's "circumvention" aspect, sometimes referred to as "high 2," as is discussed in the "'High 2': Risk of Circumvention" Subsection of the "Exemption 2" Section of the "Justice Department Guide to the Freedom of Information Act." Agencies should be sure to avail themselves of the full measure of Exemption 2's protection for their critical infrastructure information as they continue to gather more of it, and assess its heightened sensitivity, in the wake of the September 11 terrorist attacks.
Any question concerone!!!niThis policy memorandum was i Joer 4, 1993, aorandum at a opla; Officers Conference to be h
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