About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 1 (April 24, 2019)

handle is hein.crs/govzlj0001 and id is 1 raw text is: Congressional ______ *.Research Service When Does the Government Have to Disclose Private Business Information in its Possession? April 24, 2019 On Monday, April 22, the Supreme Court heard oral arguments in Food Marketing Institute (FMI) v. Argus Leader Media, in which the Court is considering the scope of Exemption 4 of the Freedom of Information Act (FOIA). That exemption authorizes agencies to withhold from disclosure under FOIA confidential commercial or financial information that a non-governmental entity has supplied an agency. While Exemption 4 has generated significant case law in the lower federal courts, the Supreme Court has never-until now-considered the issue. Third parties regularly submit sensitive proprietary information to the federal government in a diverse array of contexts, including such varied situations as applications for government loans; applications for drug approvals by the Food and Drug Administration; military and other government contracts; and settlement negotiations with agencies. As a result, the Court's decision in FMI implicates a public policy debate about the scope of Exemption 4. On one hand, a narrow view of the exemption could affect private parties' willingness to share information submitted to the government under these and other contexts. At the same time, financial and commercial information may often be associated with federal programs and activities that implicate public health and safety, the allocation of federal funds, and other matters of public interest that may warrant public scrutiny. Accordingly, a decision that broadens agencies' discretion to withhold under Exemption 4 may effect a corresponding limitation on the public's access to such important data. In anticipation of the Court's decision in FMI, this Sidebar provides a general overview of Exemption 4 and FMI. FOIA and Exemption 4 Congress enacted FOIA in 1966 by amending the Administrative Procedure Act (APA). Congress intended the 1966 law 'to pierce the veil of administrative secrecy and to open agency action to the light of public scrutiny.' While the original APA contained requirements for agencies to make various documents publicly available, the exceptions to disclosure in the APA's public information section had, in the estimation of FOIA's drafters, become the maj or statutory excuse for withholding Government records from public view. FOIA therefore established a general presumption of public accessibility to agency information. In this vein, FOIA directs agencies to disclose certain types of information Congressional Research Service https://crsreports.congress.gov LSB10294 CRS Legal Sidebar Prepared for Members and Committees of Congress

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most