FOIA Advisor

FOIA News: Exemption 4 fails in non-FOIA contract case

FOIA News (2015-2023)Allan BlutsteinComment

In a non-FOIA case, the Civilian Board of Contract Appeals concluded that Exemption 4 did not protect the U.S Department of Education's financial details concerning its claims that it overpaid on a student debt  collection contract. In reaching its decision, the Board noted that most of the information at issue originated from the Department, thus falling outside of Exemption 4. The Board further noted that the Department had waived its ability to rely on Exemption 4 because it voluntarily made the information publicly available in earlier filings in the case. Lastly, the Board found that the Department failed to show that disclosure would reasonably harm an Exemption 4-protected interest, rejecting Department’s argument that its “fear of discovery problems” in another case was sufficient.