FOIA Exemption 4 and What Federal Contractors Should Know in 2025
The Freedom of Information Act (“FOIA”) is often seen as just a transparency tool. But for federal contractors, FOIA can pose real risks to confidential proprietary data. Recent updates from the Department of Justice (“DOJ”) and pending litigation over contractor-submitted workforce reports make it clear that FOIA Exemption 4, which protects the disclosure of any confidential commercial or financial information, safeguards are stronger than ever, but only if you know how to use them. This January, the DOJ updated its FOIA Guide to clarify how Exemption 4 applies post- Food Marketing Institute v. Argus Leader Media. 588 U.S. 427 (2019). In the Food Marketing Institute case, the Supreme Court held that proprietary information can be withheld if it is both customarily and treated as private by the owner and was submitted to the government with an expectation of confidentiality. Id . at 440. There is no longer a need to show substantial compe...