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In accordance to or with4/29/2023 2008) (concluding that the district court has an affirmative duty to consider reasonable segregability even if the requester never raised the issue). Thus, it is important that agencies remain mindful of the need to reasonably segregate and release any non-exempt information whenever they are processing a FOIA request. at 1005-10 ("Reasonably Segregable" Requirements) (likewise collecting cases). 2007), at 113-19 ("Reasonably Segregable" Obligation) (collecting cases) id. See, e.g., Department of Justice Freedom of Information Act Guide (Mar. Indeed, courts have long focused on this requirement. The requirement to provide FOIA requesters with any reasonably segregable, non-exempt portions of the records that are responsive to FOIA requests is a fundamental tenant of the Act. If technically feasible, the amount of the information deleted, and the exemption under which the deletion is made, shall be indicated at the place in the record where such deletion is made. The amount of information deleted, and the exemption under which the deletion is made, shall be indicated on the released portion of the record unless including that indication would harm an interest protected by the exemption in this subsection under which the deletion is made. As amended by the OPEN Government Act, the provision now reads:Īny reasonably segregable portion of a record shall be provided to any person requesting such record after deletion of the portions which are exempt under this subsection. § 552(b) (sentence immediately following exemptions). Section (b) of the FOIA, which contains the FOIA's nine statutory exemptions, also directs agencies to release to FOIA requesters any reasonably segregable, non-exempt information that is contained in those records. This straightforward requirement codifies what has been an existing practice for many agencies and follows the approach long recommended by the Office of Information and Privacy (OIP). Specifically, Section 12 of the OPEN Government Act provides that when marking documents to indicate the amount of information deleted, and the location of that deletion, agencies should also indicate the exemption being asserted. The OPEN Government Act added one additional requirement to this provision regarding the duty to segregate documents for release. Moreover, the FOIA provides that if technically feasible, the amount of the withheld information should be indicated at the place in the record where the deletion is made. 2, at 2 ("FOIA Counselor: Questions & Answers"). 1, at 6 ("Amendment Implementation Questions") FOIA Update, Vol. 3048-49 (concluding sentences) see also FOIA Update, Vol. See Electronic Freedom of Information Act Amendments of 1996, Pub. Since the 1996 amendments to the FOIA, agencies have been required to indicate the amount of information deleted on the released portion of the record, unless doing so would harm an interest protected by the exemption being asserted. 2524, amended Section 552(b) of the Freedom of Information Act (FOIA), which contains the requirement that agencies provide FOIA requesters with any reasonably segregable, non-exempt information contained in documents that are responsive to FOIA requests. Section 12 of the OPEN Government Act of 2007, Pub. SEGREGATING AND MARKING DOCUMENTS FOR RELEASE IN ACCORDANCE WITH THE OPEN GOVERNMENT ACT
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