How should an assessment office handle FOIA requests that involve third-party proprietary data?

• A. Determine applicability of exemptions, provide redacted data when permissible, and consult legal counsel as needed.
• B. Always release full data without redaction.
• C. Decline all requests involving third-party data.
• D. Refer the request to the third party for consent.

Answer: (A)

When a FOIA request involves third-party proprietary data, the office must balance transparency with protection of sensitive information by applying FOIA exemptions and using careful redaction. Start by reviewing the requested materials to identify information that is protected, such as trade secrets or confidential commercial information. If parts are protected, those portions can be withheld or redacted, while non-exempt information can be released. If there’s any doubt about how to apply the exemptions, consult legal counsel to determine the correct approach and to ensure the response complies with law. When redaction is used, provide a clear explanation of what was removed and why. This approach ensures you fulfill the request to the extent permitted while safeguarding proprietary data, rather than automatically releasing everything or declining all such requests. Referring the request to the third party for consent is not the standard requirement and could unnecessarily delay the process, and releasing full data without regard to exemptions could violate protections.