Published: 2005-01-07

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406.1 No requested record shall be withheld from inspection or copying unless both of the following criteria apply:

(a) It comes within one of the classes of records exempted by the D.C. Law 1-96; and

(b) There is need in the public interest to withhold it.

406.2 The classes of records authorized to be exempted from disclosure shall be those records which concern matters that are of the following nature:

(a) Trade secrets and commercial or financial information obtained from outside the government, 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 agency;

(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 (other than this section), 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 interest of national defense or foreign policy which is in fact properly classified pursuant to that Executive Order;

(h) Information exempted from disclosure by D.C. Official Code § 28-4505 (2001);

(i) Information disclosed pursuant to D.C. Official Code § 5-417 (2001);

(j) Any specific response plan, including any District of Columbia response plan, as that term is defined in D.C. Official Code § 7- 2301(1A) (2001), and any specific vulnerability assessment, either of which is intended to prevent or to mitigate an act of terrorism, as that term is defined in D.C. Official Code § 22-3152(1) (2001);

(k) Information exempt from disclosure by § 47-2851.06 (2001); and

(l) Any further exemption from disclosure that may be provided by applicable law.

406.3 Any reasonably segregable portion of a record shall be provided to any person requesting the record after deletion of those portions, which are exempt under this section.

SOURCE: Final Rulemaking published at 24 DCR 6211, 6213-15 (January 27, 1978); as amended by Final Rulemaking published at 52 DCR 52, 55 (January 7, 2005).