Urging lawmakers to protect FOIA
On June 24, the Supreme Court issued a disappointing decision in the case of Food Marketing Institute v. Argus Leader, broadening the scope of information that can be shielded from disclosure by government contractors as “confidential” under Exemption 4 of FOIA. The Court held that government contractors need not show that disclosure of the information would result in “competitive harm,” as required by an earlier appellate court precedent. Instead, they need only show that the information is “customarily and actually treated as private by its owner and provided to the government under an assurance of privacy.”
As Justice Breyer pointed out in his dissent, the elimination of any requirement to show harm from disclosure would permit companies and the government to deem information “confidential” without any justification, undermining the entire purpose of FOIA:
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