The Freedom of Information Act (FOIA) was authorized by Congress in 1966 to give the public greater access to the federal government’s records. The Electronic Freedom of Information Act, Amendments of 1996 expanded the scope of FOIA to encompass electronics records and to make records more easily and widely available to the public. 

The FOIA requires the U.S. Census Bureau to disclose requested federal records unless they are protected from public disclosure by the FOIA. Congress included in the FOIA nine exemptions and three law enforcement exclusions, listed below, to protect important interests such as national security, personal privacy, privileged communications, and law enforcement. The FOIA does not apply to records held by Congress, Federal Courts, state and local governments, private businesses, schools, private organizations, or private individuals.

Under FOIA, you are allowed to obtain copies of the U.S. Census Bureau records unless the records contain information that is exempt under the FOIA from mandatory disclosure. Section 552(b) of the FOIA contains nine types of records which are routinely exempt from disclosure under the FOIA:

• Records classified national defense or foreign policy materials, 5 U.S.C. § 552(b)(1);
• Internal personnel rules and agency practices, 5 U.S.C. § 552(b)(2);
• Information specifically exempted from disclosure by another statute, 5 U.S.C. § 552(b)(3);
• Trade secrets and commercial or financial information obtained from a person and privileged or confidential, 5 U.S.C § 552(b)(4);
• Inter- or intra-agency memoranda or letters which would not be available to a party in litigation with the agency, 5 U.S.C. § 552(b)(5);
• Personnel, medical and similar files, disclosure of which would constitute a clearly unwarranted invasion of personal privacy, 5 U.S.C. § 552(b)(6);
• Records compiled for law enforcement purposes, 5 U.S.C. § 552(b)(7);
• Records relating to the examination, operations, or condition of financial institutions, 5 U.S.C. § 552(b)(8); and
• Oil well data, 5 U.S.C. § 552 (b)(9).

FOIA Statutory Exclusions

• Pending Crimination Investigations – records concerning ongoing criminal investigations where the subject is unaware of the investigation and disclosure could interfere with the proceedings.
• Informant Records – records maintained by criminal law enforcement agencies relating to informants, if the informant’s status is not publicly known, are excluded.
• FBI Foreign Intelligence, Counterintelligence, or International Terrorism records – records held by the FBI concerning these areas are excluded if the existence of the records themselves is classified.