Can an agency just stamp a whole document exempt, or does it have to release the parts that aren't?

Generally, no. Under the Freedom of Information Act, an agency cannot simply stamp an entire document exempt and withhold it whole. FOIA requires agencies to release any portion of a record that can reasonably be separated from the exempt material. This principle is known as segregability, and it is one of the law’s core protections for public access.

The “reasonably segregable” rule

FOIA’s exemptions protect specific categories of information, such as classified national security material, personal privacy details, or certain law enforcement records. They are meant to shield that information, not the document that happens to contain it.

So when part of a record is exempt, the agency is expected to:

• Identify the specific information that actually falls under an exemption.
• Redact (black out) only that material.
• Release the remaining non-exempt portions to the requester.

Withholding an entire document is appropriate only when the exempt and non-exempt content are so intertwined that nothing meaningful can be released, or when releasing the fragments left over would reveal the protected information anyway.

What you should see on a partial release

When an agency applies this correctly, requesters typically receive the document with visible redactions rather than a blanket denial. Good practice, and often a legal expectation, includes:

• Marking the location of each redaction so the reader can see what was removed.
• Citing the specific exemption that justifies each withholding.
• Indicating the volume of information withheld where feasible.

This transparency lets a requester understand the basis for the decision and decide whether to appeal.

Why this matters

The presumption under FOIA favors disclosure. An agency carries the burden of justifying any withholding, and “the whole thing is sensitive” is not, by itself, a sufficient reason. If a requester believes too much was withheld, or that segregable material was improperly withheld, they generally have the right to file an administrative appeal and, ultimately, to seek review in court.

For records and information governance professionals, the lesson is practical: build review workflows that evaluate records line by line, document the exemption basis for each redaction, and default to releasing what can lawfully be released.

Learn more on the FOIA and public records hub.