DODM5400.07_AFMAN33-302 — Freedom Of Information Act Program

DODM5400.07_AFMAN33-302 governs the Air Force Freedom of Information Act Program and procedures for public access to records.

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  • Publication number: DODM5400.07_AFMAN33-302
  • Title: FREEDOM OF INFORMATION ACT PROGRAM
  • Date: 2018-04-26

View DODM5400.07_AFMAN33-302 on armypubs.army.mil


The publication addresses FOIA libraries, exemptions, request processing, public access, and the relationship between FOIA and the Privacy Act. It requires records in FOIA libraries to be indexed and exempt information to be redacted from posted records.

Topics covered

  • FOIA libraries
  • Public access to DoD information
  • FOIA exemptions
  • FOIA request processing
  • Privacy Act relationship
  • Commercial and financial information
  • Proactive releases

Questions and answers

When must a frequently requested FOIA record be made publicly available?

FOIA RSCs will consider any requested record that has been previously partially or fully released as a frequently requested record (FOIA - processed (a)(2)(D) record) and make it publicly available electronically as outlined in paragraph 4.1.b.(4). (T1). (paragraph 5)

What must DoD FOIA Program Components do with exempt information in FOIA libraries?

DoD FOIA Program Components will redact from all records in FOIA libraries all information that qualifies for withholding pursuant to one or more of the FOIA exemptions described in Section 5. (paragraph 2)

When must documents not be proactively released in FOIA libraries?

DoD Components must not proactively release documents that are contained within a Privacy Act system of records unless the published system of records notice specifically allows for proactive releases in the routine uses section. (paragraph 2)

When can commercial or financial information be categorically protected?

Commercial or financial information that is voluntarily submitted to the U.S. Government, absent any exercised authority prescribing criteria for submission, may be categorically protected, provided it is not customarily disclosed to the public by the submitter. (paragraph 3)

When is nonvoluntarily provided commercial or financial information considered confidential?

Commercial or financial information that is not voluntarily provided to the U.S. Government is considered “confidential” for Exemption 4 if its disclosure is likely to: (a) Impair the U.S. Government’s ability to obtain necessary information in the future (known as the “impairment prong”); (b) Harm an identifiable private or governmental interest; or (c) Cause substantial harm to the competitive position of the person providing the information. (paragraph 3)

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