OIP Issues Guidance on Exemption 2

Today, the Office of Information Policy issued guidance to agencies addressing the impact of the Supreme Court’s decision in Milner v. Department of the Navy, 131 S. Ct. 1259 (2011), on Exemption 2 of the FOIA.  In Milner, the Supreme Court overturned thirty years of established FOIA precedents and significantly narrowed the scope of Exemption 2.  OIP’s guidance contains a detailed discussion of the decision in Milner, as well as the scope of Exemption 2 both before and after it.  The guidance also delineates the new parameters of Exemption 2 and discusses possible alternatives for agencies to consider.

This guidance, as well as previous guidance issued by OIP, can always be found on our OIP Guidance page.


Last Updated: Friday, May 27, 2011

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