Goto Section: 0.602 | 0.605 | Table of Contents
FCC 0.603
Revised as of October 1, 2011
Goto Year:2010 |
2012
§ 0.603 Bases for closing a meeting to the public.
Except where the agency finds that the public interest requires
otherwise, an agency or advisory committee meeting may be closed to the
public, and information pertaining to such meetings which would
otherwise be disclosed to the public under § 0.605 may be withheld, if
the agency determines that an open meeting or the disclosure of such
information is likely to:
(a) Disclose matters that: (1) Are specifically authorized under
criteria established by executive order to be kept secret in the
interest of national defense or foreign policy, and (2) are in fact
properly classified pursuant to such executive order (see § 0.457(a));
(b) Relate solely to the internal personnel rules and practices of an
agency (see § 0.457(b));
(c) Disclose matters specifically exempted from disclosure, by statute
(other than the Freedom of Information Act, 5 U.S.C. 552). Provided,
That such statute (1) requires that the matters be withheld from the
public in such 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 (see § 0.457(c));
(d) Disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential (see § 0.457(d));
(e) Involve accusing any person of a crime or formally censuring any
person;
(f) Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy (see
§ 0.457(f));
(g) Disclose investigatory records compiled for law enforcement
purposes, or information which if written would be contained in such
records, but only to the extent that the production of such records or
information would (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 criminal 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, or (6) endanger the life or
physical safety of law enforcement personnel;
(h) Disclose information contained in or related to examination,
operating, or condition reports prepared by, on behalf of, or for the
use of an agency responsible for the regulation or supervision of
financial institutions;
(i) Disclose information the premature disclosure of which would be
likely to significantly frustrate implementation of a proposed agency
action, except where the agency has already disclosed to the public the
content or nature of the disclosed action, or where the agency is
required by law to make such disclosure on its own initiative prior to
taking final agency action on such proposal; or
(j) Specifically concern the agency's issuance of a subpoena, or the
agency's participation in a civil action or proceeding, an action in a
foreign court or international tribunal, or an arbitration, or the
initiation, conduct, or disposition by the agency of a particular case
of formal agency adjudication pursuant to the procedures specified in 5
U.S.C. 554 or otherwise involving a determination on the record after
opportunity for hearing.
Goto Section: 0.602 | 0.605
Goto Year: 2010 |
2012
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