What Is FOIA? Exemptions

Exemption Four - Business Information
Trade secrets, commercial or financial information, confidential information, and information obtained from a person. An agency must prove the information involves -

Trade secrets including sales statistics, inventories, customer lists, scientific or manufacturing processes or formulas, material protected by attorney-client, doctor-patient or lender-borrower privileges, etc.

Privileged or confidential information, the disclosure of which would make it difficult for the government to obtain necessary information in the future or would substantially harm the person from whom the original information was obtained. The government agency usually has to pledge that the person who provided the information asked for it to remain confidential, and prove that the information you want is not customarily available to the public

Information obtained from a person (or corporation or organization) as opposed to from a government agency

Sometimes Exemption 4 leads to what's called a "reverse FOIA" lawsuit. This means the person or organization that provided the original information will seek to prevent the federal agency from releasing the information to you.

Exemption Five - Internal Government Memos
These are interagency or intra-agency memos or letters that concern confidential communications between a government attorney and a client, or information compiled in preparation for a trial.

Internal materials involving policy advice, recommendations, or opinions, and which are part of the deliberative process of government decision-making may also be withheld. However, internal government memos that reflect a final government policy should not be withheld under FOIA.

Exemption Six - Private Matters
Personnel files, medical files, and other files that would lead to an invasion of personal privacy if released, are exempted.