Expanding Exemptions: DoW Seeks Additional FOIA Exemption for CUI

The Freedom of Information Act (FOIA), enacted in 1967, allows the public to request federal government records. It is designed to require disclosure of US government records in the absence of any of its 9 exemptions for things like privacy, national security, and law enforcement.

Now, the Department of War (DoW) has asked Congress for additional exemptions to disclosing documents under (FOIA). DoW has submitted a legislative proposal to create an exemption for controlled unclassified information (CUI).

Continue reading →

SCOTUS Rules Proprietary Business Information Shielded from FOIA Disclosure

Many government contractors are familiar with FOIA requests, or requests made by individuals under the Freedom of Information Act for release of information in the federal government’s possession.

In the recent case Food Marketing Institute v. Argus Leader Media, the U.S. Supreme Court held that commercial or financial information is “confidential” and cannot be disclosed under FOIA where it is treated as private by its owner and provided to the government under an assurance of privacy.

Continue reading →