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FIA-13-0071 - In the Matter of Kristopher Fair

On December 10, 2013, the Office of Hearings and Appeals (OHA) issued a decision denying an appeal (Appeal) from a Freedom of Information Act (FOIA) determination issued by the Office of Intelligence and Counterintelligence (IN).  The Appellant, Kristopher Fair, contested IN’s search for responsive documents and appealed IN’s invocation of Exemptions 1, 3 and 6.  This decision only concerned the adequacy of search, Exemption 6 and Exemption 3 to the extent that it was invoked pursuant to the National Security Act.  In reviewing the appeal, OHA determined that IN conducted an adequate search for documents, and that Exemptions 3 and 6 were properly invoked as the redacted information included classified and sensitive unclassified information, and the sources and names of individuals involved in the production of sensitive intelligence information and production.  Thus, OHA denied the Appeal.