The Freedom of Information Act and Nondisclosure Provisions in Other Federal Laws
"Congress continues to consider how to balance the federal government’s growing need for
sensitive or confidential business information, the public’s right of access to information about
government activities, and the private sector’s interest in keeping its sensitive or proprietary
information protected from public disclosure. In enacting the Freedom of Information Act
(FOIA), 5 U.S.C. § 552, Congress sought to balance the right of the public to know and the need
of the government to protect certain information. FOIA’s broad provisions favoring disclosure,
coupled with the specific exemptions, represent the balance Congress achieved. The federal FOIA
is an information access statute enacted in 1966 that applies to agency records of the executive
branch of the federal government. FOIA requires that certain types of records be published in the
Federal Register, that certain types of records be made available for public inspection and
copying, and that all other records be subject to request in writing. All records not available via
publication or inspection, not exempt from disclosure, or excluded from coverage are subject to
disclosure. Disputes over access to requested records may be reviewed in federal court where the
burden is on the agency to sustain its action..."