Filed May 10, 2013
¶ 13. That memorandum embodies the DOJ’s final legal opinion on whether Section 215 allows the government to acquire census data protected from disclosure by the Census Act, 13 U.S.C. §§ 8–9, 214. As such, the memo constitutes the DOJ’s “working law” and may not be withheld as deliberative under Exemption 5.
Filed February 8, 2013
IV. The Office of Legal Counsel Properly Withheld the Census Memorandum Pursuant to Exemption 5 Pursuant to the deliberative process privilege under FOIA Exemption 5, OLC properly withheld a legal memorandum, dated January 4, 2010, providing confidential legal advice to the Department of Commerce regarding the interaction between the disclosure provisions in the Patriot Act, as amended, and the prohibitions on disclosure in the Census Act, 13 U.S.C. §§ 8, 9, 214 (2006) (the “Census Memorandum”). See Colborn Decl ¶ 13.
Filed November 16, 2012
The documents contain discussions pertinent to pre-decisional matters before Executive Branch agencies. For example, OLC has withheld a legal memorandum dated January 4, 2010 prepared by OLC providing confidential legal advice to the Department of Commerce regarding the interaction between disclosure provisions in the Patriot Act, as amended, and prohibitions on disclosure in the Census Act, 13 U.S.C. §§ 8, 9, 214 (2006). Colborn Decl.
Filed June 19, 2017
(5 USC 552a(k)(2)) c. Records maintained in connection with providing protective services to the President of the United States or other individuals protected pursuant to 18 USC 3056. (5 USC 552a(k)(3)) d. Statistical data required by statute and used only for statistical purposes and not to make decisions on the rights, benefits, or en- titlements of individuals, except for census records that may be disclosed under 13 USC 8. (5 USC 552a(k)(4)) e. Data compiled to determine suitability, eligibility, or qualifica- tions for Federal service, Federal contracts, or access to classified information.