§ 402.125 The FOIA Exemption 3: Records exempted by other statutes.

(a) Required record release. Exemption 3 authorizes our agency to withhold records if another statute specifically allows or requires us to withhold them. We may use another statute to justify withholding only if it prohibits disclosure or if it sets forth criteria to guide our decision on releasing or identifies particular types of material to be withheld. (b) Examples. (1) We often use this exemption to withhold information regarding a worker's earnings which is tax return information under section 6103 of the Internal Revenue Code. (2) We also use this exemption to withhold death information about decedents: (i) When the date of death is within three calendar years from the current date, the requested information about the decedent is protected under section 203 of the Bipartisan Budget Act of 2013 (Pub. L. 113-67). (ii) When the agency's source of death is the state, the requested information is protected under section 205(r) of the Social Security Act.