That’s Confidential: Supreme Court to Consider FOIA Exemption for Confidential Business Information

The U.S. Supreme Court recently agreed to hear a case that could significantly affect access to business information provided to the federal government that is otherwise kept confidential:  Food Mktg. Inst. v. Argus Leader Media, No. 18-481.  It would mark the first time that the Court has interpreted Exemption 4 of the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552(b)(4), which shields from public disclosure “matters that are . . . trade secrets and commercial or financial information obtained from a person and privileged or confidential.”  5 U.S.C. § 552(b)(4) (emphasis added). The underlying dispute arose when a South Dakota newspaper requested various data concerning the Supplemental Nutrition Assistance Program (“SNAP”), formerly known as the food stamp program, from the U.S. Department of Agriculture (“USDA”).  While the USDA releases monthly SNAP usage data on national, state, and…

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