Did you know there are legal mechanisms (under FOIA) that allow agencies to deny the existence of records—even when they exist?

Yes, you read that correctly…

But how is this possible?

Here’s how

These exist under FOIA Exclusions

Under 5 U.S.C. § 552(c), agencies like the FBI can respond to requests about sensitive investigations or informants by saying “no records found,” even if they’re sitting on a file cabinet full of them.

️ Glomar Response

Born from a CIA case in the 1970s, this allows agencies to say

“We can neither confirm nor deny the existence of records.”

It’s used when even ACKNOWLEDGING the existence of a record could compromise national security.

• ️ Why Does this Matters (Listen up)

These tools are controversial. They protect sensitive operations—but they also challenge the very idea of transparency.

It is important to note that “no records” doesn't always mean “no records.”

Related reading: More insights from Dr. Moya Hill | Explore the Unified Information Governance Model