§ 1700.8. Procedures for requests implicating confidential commercial information.
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/us/cfr/t32/s§ 1700.8·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)Definitions:
(1)Confidential commercial information means commercial or financial information obtained by ODNI from a submitter that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4).
(2)Submitter means any person or entity, including a corporation, State, or foreign government, but not including another Federal Government entity, that provides information, either directly or indirectly, to the Federal Government.
(b)A submitter of confidential commercial information must use good faith efforts to designate by appropriate markings, either at the time of submission or within a reasonable time thereafter, any portion of its submission that it considers to be protected under FOIA Exemption 4. These designations shall expire 10 years after the date of the submission unless the submitter requests and provides justification for a longer designation period.
(c)ODNI will provide the submitter with prompt written notice of confidential commercial information when records containing such information are responsive to a FOIA request and ODNI determines that it may be required to disclose the records. The notice shall:
(1)Give the submitter an opportunity to object to disclosure of the information, in whole or in part;
(2)Describe the confidential commercial information requested or include copies of the requested record(s) or record portion(s) containing the information; and
(3)Inform the submitter of the time frame in which it must respond to the notice.
(d)ODNI will allow the submitter seven days to respond to the notice described in paragraph
(b)of this section. If the submitter objects to the disclosure of the information, in whole or in part, they must provide ODNI with a detailed written statement of the objection. The statement must specify all grounds for withholding any portion of the information under any FOIA exemption and, when relying on FOIA Exemption 4, it must explain why the information is a trade secret, or commercial or financial information that is privileged and confidential. If the submitter fails to respond within the time frame specified in the notice or an extended time frame if requested by the submitter, ODNI will conclude that the submitter has no objection to disclosure of the information. ODNI will only consider information that it receives within the time frame specified in the notice or an extended time frame if requested by the submitter. Any information provided by a submitter under this Part may itself be subject to disclosure under the FOIA.
(e)ODNI will consider the submitter's objection and specific grounds for non-disclosure in deciding whether to disclose confidential commercial information. Whenever ODNI decides to disclose information over the submitter's objection, it will provide written notice to the submitter that includes:
(1)A statement of the reasons why each of the bases for withholding were not sustained in whole or in part;
(2)A description of the information to be disclosed; and
(3)A specified disclosure date, which shall be a reasonable time after the notice.
(f)The notice requirements of paragraphs
(c)and
(d)of this section shall not apply if:
(1)ODNI determines that the information is exempt under the FOIA;
(2)The information has been lawfully published or has been officially made available to the public;
(3)Disclosure of the information is required by statute other than the FOIA or by a regulation issued in accordance with the requirements of Executive Order 12600; or
(4)The designation made by the submitter under paragraph
(a)of this section appears obviously frivolous. In such a case, ODNI shall, within a reasonable time prior to the date the disclosure will be made, give the submitter written notice of the final decision to disclose the information.
(g)Whenever ODNI provides a submitter with the notice described in paragraph
(b)of this section, ODNI also will provide notice to the requester that notice and an opportunity to object to the disclosure are being provided to the submitter. ODNI also must notify the requester when it notifies the submitter of its intent to disclose the requested information, and whenever a submitter files a lawsuit to prevent the disclosure of the information.
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§ 1700.8
Procedures for requests implicating confidential commercial information.
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