III. Pre-Disclosure Notification

Finally, note that under Executive Order 12600, agencies must notify records submitters upon receiving a FOIA request for “records provided to the government by a submitter that arguably contain material exempt from release under Exemption 4” that the agencies believe might have to be released.¹⁰²

The agencies must “afford the submitter a reasonable period of time in which the submitter or its designee may object to the disclosure of any specified portion of the information and to state all grounds upon which disclosure is opposed.”¹⁰³ You should look at the agency’s FOIA regulations for specific details on its handling of pre-disclosure notifications.

You should note that the consult will often require additional time and may consequently go beyond the 20-day statutory deadline.