Contractor Intel May Be Safer Under Supreme Court’s FOIA Ruling

Companies don’t have to show that disclosure of their private information would cause “substantial competitive harm” in order to maintain privacy under the Freedom of Information Act, the U.S. Supreme Court ruled June 24.

The government must prevent public disclosure under FOIA Exemption 4 if that information is customarily and actually treated as private by its owner and provided to the government under an assurance of privacy, Justice Neil M. Gorsuch said.

Exemption 4 shields from disclosure trade secrets and commercial or financial information.

Gorsuch’s decision in Food Marketing Institute v. Argus Leader Media reversed a ruling forcing a trade ...