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What is Neither Confirm Nor Deny mean?
In United States law, the term Glomar response, also known as Glomarization or Glomar denial, refers to a response to a request for information that will "neither confirm nor deny" (NCND) the existence of the information sought. For example, in response to a request for police reports relating to a certain individual, the police agency may respond with the following: "We can neither confirm nor deny that our agency has any records matching your request."
In national or subnational freedom of information policies, governments are often required to tell people who request information (e.g. journalists or attorneys) whether they located the requested records, even if the records end up being kept secret. But at times, a government may determine that the mere act of truthfully disclosing that the records do or do not exist would pose some actual or possible harm, such as to national security, the integrity of an ongoing investigation or a person's privacy. For example, disclosing that a police department has documents about a current investigation into a criminal conspiracy, even if the content of the documents is not disclosed, would make it public that the investigation is happening and could help suspects destroy evidence.
Glomar responses are commonly associated with the United States Freedom of Information Act (FOIA), which generally dictates how federal agencies must disclose information. The term "Glomar" originated in association with the FOIA law. Lower courts have thus far ruled the Glomar response to have potential merit if the secretive nature of the material truly requires it, and only if the agency provides "as much information as possible" to justify its claim. Otherwise, the principles established in FOIA may outweigh claims to secrecy.
referencePosted on 27 Nov 2024, this text provides information on Miscellaneous in Military and Defence related to Military and Defence. Please note that while accuracy is prioritized, the data presented might not be entirely correct or up-to-date. This information is offered for general knowledge and informational purposes only, and should not be considered as a substitute for professional advice.
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