---
kind: "section"
citation: "5 C.F.R. § 2604.401"
title: "5"
number: "2604.401"
heading: "Policy."
url: "https://uscodex.org/cfr/5/2604.401"
---

# §2604.401. Policy.

- (a) **Foreseeable harm standard.** A requested record will not be withheld from inspection or copying unless it comes within one of the classes of records exempted by [5 U.S.C. 552](/usc/5/552.md) and OGE reasonably foresees that disclosure would harm an interest protected by an exemption described in [5 U.S.C. 552(b)](/usc/5/552.md?p=b) or is prohibited by law. Nothing in this paragraph requires disclosure of information that is otherwise prohibited from disclosure by law, or otherwise exempted from disclosure under [5 U.S.C. 552(b)(3)](/usc/5/552.md?p=b-3).
- (b) **Pledge of confidentiality.** Information obtained from any individual or organization, furnished in reliance on a provision for confidentiality authorized by applicable statute, Executive Order or regulation, will not be disclosed to the extent it can be withheld under one of the exemptions. However, this [paragraph (b)](#b) does not itself authorize the giving of any pledge of confidentiality by any officer or employee of OGE.
- (c) **Exception for law enforcement information.** OGE may treat records compiled for law enforcement purposes as not subject to the requirements of the Freedom of Information Act when:
  - (1) The investigation or proceeding involves a possible violation of criminal law;
  - (2) There is reason to believe that the subject of the investigation or proceeding is unaware of its pendency; and
  - (3) The disclosure of the existence of the records could reasonably be expected to interfere with the enforcement proceedings.
- (d) **Partial application of exemptions.** Any reasonably segregable portion of a record will be provided to any person requesting the record after deletion of the portions which are exempt under this subpart.

## Notes

### Amendments

[80 FR 57073, Sept. 22, 2015, as amended at 81 FR 94216, Dec. 23, 2016]

### Authority

Authority: 5 U.S.C. 552; 5 U.S.C. App. 101-505; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; E.O. 13392, 70 FR 75373, 3 CFR, 2005 Comp., p. 216.

### Source

Source: 80 FR 57073, Sept. 22, 2015, unless otherwise noted.

### Amendments

[80 FR 57073, Sept. 22, 2015, as amended at 81 FR 94216, Dec. 23, 2016]