Table of Contents
What does exempt from public disclosure mean?
(1) Records specifically authorized under criteria established by an Executive Order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to an Executive Order.
What is exempt from public records?
For instance, the home addresses, telephone numbers, social security numbers, and photographs of active or former law enforcement personnel, code enforcement officers, firefighters, state attorneys, U.S attorneys, judges, personnel directors, and a number of other categories, as well as information about their spouses.
Who is exempt from the law?
EXEMPTS. Persons who are not bound by law, but excused from the performance of duties imposed upon others. 2. By the Act of Congress of May 8, 1792, 1 Story, L. U. S.
What is protected under the Privacy Act?
The Privacy Act of 1974, as amended to present (5 U.S.C. 552a), Protects records about individuals retrieved by personal identifiers such as a name, social security number, or other identifying number or symbol.
What are 4 of some of the exemptions of FOIA?
Exemption 2: Information related solely to the internal personnel rules and practices of an agency. Exemption 3: Information that is prohibited from disclosure by another federal law. Exemption 4: Trade secrets or commercial or financial information that is confidential or privileged.
What qualifies for exempt status?
In order to qualify as an exempt employee in California in 2021, an employee working for a company with 26 or more employees must earn $1,120 per week, or $58,240 annually; an employee working for a company with fewer than 26 employees must earn $1,040 per week, or $54,080 annually, exclusive of board, lodging, and …
What laws may Congress not pass?
Limits on Congress pass ex post facto laws, which outlaw acts after they have already been committed. pass bills of attainder, which punish individuals outside of the court system. suspend the writ of habeas corpus, a court order requiring the federal government to charge individuals arrested for crimes.
What is not exempt?
Nonexempt: An individual who is not exempt from the overtime provisions of the FLSA and is therefore entitled to overtime pay for all hours worked beyond 40 in a workweek (as well as any state overtime provisions). Nonexempt employees may be paid on a salary, hourly or other basis.
What makes a public body obligated to disclose?
A public body is obligated to disclose only those records it is the custodian of, that is, any records that it is directly or indirectly mandated to create, maintain, care for, or control.
Is the identity of the person seeking disclosure relevant?
However, the identity and motive of the person seeking disclosure may be relevant in determining the weight of the public interest in disclosure, a factor that is relevant to some exemptions. [6]
What are the requirements of the public records law?
The Public Records Law does not require public bodies to create new public records. Nor does it require public bodies to disclose the reasoning behind their actions; answer questions about their records; analyze their records; or perform legal research in order to identify records that are responsive to a request.
Are there any exemptions to the Public Records Act?
PUBLIC RECORDS ACT EXEMPTIONS Under GR 31.1 (j), “Court and judicial agency administrative records are open to public access unless access is exempted or prohibited under this rule, other court rules, federal statutes, state statutes, court orders, or case law.