42 USC 2000g-2(b): CRS confidentiality information

About This Project

This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.

Department Claims
Dept. of Justice 2.0
                        CHAPTER 21--CIVIL RIGHTS
Sec. 2000g-2. Cooperation with other agencies; conciliation 
        assistance in confidence and without publicity; information as 
        confidential; restriction on performance of investigative or 
        prosecuting functions; violations and penalties
    (a) The Service shall, whenever possible, in performing its 
functions, seek and utilize the cooperation of appropriate State or 
local, public, or private agencies.

(b) The activities of all officers and employees of the Service in providing conciliation assistance shall be conducted in confidence and without publicity, and the Service shall hold confidential any information acquired in the regular performance of its duties upon the understanding that it would be so held. No officer or employee of the Service shall engage in the performance of investigative or prosecuting functions of any department or agency in any litigation arising out of a dispute in which he acted on behalf of the Service. Any officer or other employee of the Service, who shall make public in any manner whatever any information in violation of this subsection, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $1,000 or imprisoned not more than one year. (Pub. L. 88-352, title X, Sec. 1003, July 2, 1964, 78 Stat. 267.)