Freedom of Information Act (FOIA) Appeal; Appeal Denied; Exemption 6, Glomar Response
Office of Hearings and Appeals
January 17, 2020
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On January 17, 2020, the Office of Hearings and Appeals (OHA) denied a Freedom of Information (FOIA) Appeal filed by Josh Kelety from a final determination issued by the Department of Energy's Richland Operations Office (ROO). In the Appeal, the Appellant challenged ROO's use of a Glomar response to neither confirm nor deny the existence of records responsive to the Appellant's request. After a review, OHA determined that ROO properly issued a Glomar response because any responsive records, if they exist, could be withheld under Exemption 6 of the FOIA. Moreover, the confirmation that any records exist would itself reveal information protected by the same FOIA exemption. Accordingly, OHA denied the Appeal. OHA Case No. FIA-20-0015.