|
FOIA Guide, 2004 Edition: Exemption 7 (10984 words) |
 | Under this revised Exemption 7 structure, an analysis of whether a record was protected by this exemption involved two steps: First, the record had to qualify as an "investigatory record compiled for law enforcement purposes"; second, its disclosure had to be found to threaten one of the enumerated harms of Exemption 7's six subparts. |
| In making their determinations of threshold Exemption 7 applicability, agencies should focus on the content and compilation purpose of each item of information involved, regardless of the overall character of the record in which it happens to be maintained. |
| Even records generated pursuant to routine agency activities that previously could not be regarded as "investigatory" now should qualify for Exemption 7 protection when those activities involve a law enforcement purpose. |
| UBC Law: Faculty Publications (6732 words) |
| Factors to be considered in designing a threshold test are 1) the probative value of the records, 2) the reliability of the records, 3) the operation of discriminatory beliefs, 4) the necessity of disclosure, and 5) identification of the material issues. |
| For instance, the legislation might provide that therapists' records would be privileged unless the accused could show access to the records met a high threshold test such as disclosure is necessary to show his or her own innocence or the information is capable of affecting the outcome of the trial. |
| The records here in question are not within the possession or control of the Crown, do not form part of the Crown's "case to meet", and were created by a third party for a purpose unrelated to the investigation or prosecution of the offence. |
Feeds |
Contact