The FOIA does not contain any specific provisions for fee waivers when disclosure would be in the public interest. However, the statute merely authorizes, and does not require, public bodies to charge for copies. Therefore, agencies clearly have discretion to waive copying charges when this would serve the public interest.
The Supreme Court of Appeals has stated repeatedly that the specific exemptions contained in section four of the Freedom of Information Act are the only exemptions from disclosure under the Act. However, while the court has never specifically decided any claim for confidentiality based upon any privileges against disclosure which existed at common law, the court has recognized privileges in the context of FOIA litigation in three cases.