[ by Howard Haykin ]

The Freedom of Information Act provides the public with access to archived federal government records pertaining to government agencies, including the SEC and CFTC.  The ability to access documentation and information databases is a tremendous freedom.  However, it can be very disappointing and frustrating whenever access to requested records is denied, or when particular records cannot be located.  For some individuals, the first inclination might be to suspect a cover-up, and that may be possible. 

However, there are situation or scenarios which make it inappropriate to release particular records, and the SEC provides an explanation on 3 exceptional circumstances that empower or authorize the Agency to treat such records as not subject to the requirements of the FOIA - and thus, the SEC or the Office of FOIA Services is not obligated or required to release that information to requesters. 

On those occasions when the SEC does, in fact, apply an exclusion, the FOIA requester will receive a response indicating that the Office of FOIA Services was unable to locate or identify any responsive records.

(c)(1) Exclusion.   Where the subject of a criminal investigation or proceeding is unaware of the existence of records concerning a pending investigation and disclosure of such records would interfere with the investigation.

(c)(2) Exclusion.   Where there are informant records maintained by a criminal law enforcement agency and the individual's status as an informant is not known.

(c)(3) Exclusion.   Where there are classified FBI records pertaining to foreign intelligence, counterintelligence or international terrorism records.

The SEC Office of FOIA Services will:  (i) consult with the U.S. Department of Justice, Office of Information Policy (OIP) prior to using an exclusion to ensure that the exclusion is warranted and that exclusions are consistently applied;  and, (ii) publicly report each year on the number of times, if any, that an exclusion was used.

For additional information concerning FOIA exclusions, go to:  [DOJ's OIP Guidance].

To access the referenced source posting, go to:   [ SEC FOIA RELEASE, 10/2/12 ].