William Donzelli wrote:
FOUO is exempt from FOI.
That may have been true at one time, but certainly is not now. FOUO
documents are only exempt from FOIA if they are covered by one of the
categories of information that are exempted from FOIA by statute. Some
part of the government, including the DoD, have a policy of designating
documents FOUO if they *may* contain information that is exempted from
FOIA, but the FOUO designation itself is neither necessary nor
sufficient for the document to be exempted.
32 CFR 286.15(b) Prior FOUO application. The prior application of FOUO
markings is not a conclusive basis for withholding a record that is
requested under the FOIA. When such a record is requested, the
information in it shall be evaluated to determine whether disclosure
would result in a foreseeable harm to an interest protected by one or
more FOIA exemptions 2 through 9. Even if any exemptions apply, the
record shall be released as a discretionary matter when it is determined
that there is no foreseeable harm to an interest protected by the
exemptions.
See also:
http://rf-web.tamu.edu/security/Security%20Guide/S2unclas/Fouo.htm
http://www.ig.navy.mil/Divisions/Legal/FOIA%20%28QandA%29.htm#Are%20FOIA%20…
http://www.dlis.dla.mil/fouo.asp