Section 19-3204. EXEMPTIONS

 

3204.1The following matters may be exempt from disclosure under the provisions of this chapter:

 

(a)Trade secrets and commercial or financial information obtained from outside the Commission, to the extent that disclosure would result in substantial harm to the competitive position of the person from whom the information was obtained;

 

(b)Information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy;

 

(c)Investigatory records compiled for law enforcement purposes, but only to the extent that the production of those records would do the following:

 

(1) Interfere with enforcement proceedings;

 

(2) Deprive a person of a right to a fair trial or an impartial adjudication;

 

(3) Constitute an unwarranted invasion of personal privacy;

 

(4) Disclose the identity of a confidential source and, in the case of a record compiled by a law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source;

 

(5) Disclose investigative techniques and procedures not generally known outside the government; or

 

(6) Endanger the life or physical safety of law enforcement personnel.

 

(d)Inter-agency or intra-agency memorandums or letters which would not be available by law to a party other than an agency in litigation with the Commission;

 

(e)Test questions and answers to be used in future license, employment, or academic examinations, but not previously administered examinations or answers to questions thereon;

 

(f)Information specifically exempted from disclosure by statute, provided that the statute does one of the following:

 

(1) Requires that the matters be withheld from the public in a manner as to leave no discretion on the issue; or

 

(2) Establishes particular criteria for withholding or refers to particular types of matters to be withheld;

 

(g)Information specifically authorized by federal law under criteria established by a presidential executive order to be kept secret in the interests of national defense or foreign policy which is in fact properly classified pursuant to such executive order;

 

(h)Information exempted from disclosure by D.C. Code § 28-4505; and

 

(i)Information disclosed pursuant to D.C. Code § 4-317.

 

3204.2Upon request, any reasonably segregable portion of a record shall be provided after deletion of those portions which are exempt under this chapter.

 

source

Final Rulemaking published at 42 DCR 5232, 5238-39 (September 15, 1995).