Sec. 623. Public interest balancing test
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Section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ), as amended by this subtitle, is amended— in subsection (b), in the matter preceding paragraph (1), by striking This section and inserting Subject to subsection (o), this section ; and by adding at the end the following: Notwithstanding the applicability of an exemption from disclosure under subsection (b), an agency shall make available a record or any segregable portion of a record if the public interest in disclosure clearly outweighs the interest protected by the exemption.
In evaluating the public interest in disclosing a record or a portion of a record under paragraph (1), an agency and courts shall consider— the extent to which access to the record will further public understanding of the operations or decision making of an agency or Government official; the extent to which the age of the record diminishes the rationale for withholding the record; any reasonable suspicion of governmental wrongdoing; the importance of the record to the public in order for the public to make informed decisions with respect to the electoral and democratic process; and any other factors that the agency or court determines necessary. .