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(Trade) Secrets, Secrets Are No Fun—Especially When Disclosed Through Foia Requests To Everyone, Daniel B. Goldman

Seventh Circuit Review

While the Freedom of Information Act (“FOIA”) contains a provision exempting trade secrets from public information requests, FOIA was enacted to serve policies essentially antithetical to those of trade secrets—allowing individuals to access records collected by governmental agencies. The FOIA trade secret exemption is discretionary, allowing an agency, rather than a party submitting information to the government, to determine what constitutes a trade secret. Consequently, government agencies often disclose information through FOIA requests that are considered to be trade secrets by the information’s owners. One such instance arose in the Seventh Circuit in Patriot Homes, Inc. v. Forest River Housing, …