Article:
Daniel Gorham Clement, The Rights of Submitters To Prevent Agency Disclosure of Confidential Business Information: The Reverse Freedom of Information Act Lawsuit, 55 TEXAS L. REV. 587 (1976).
 

Abstract:
The Freedom of Information Act, in its emphasis on access to government records, fails to specify clearly the circumstances in which private persons furnishing the Government with information have a right to confidentiality. With increasing frequency such persons have brought actions under three statutes—the Freedom of Information Act, 18 U.S.C. § 1905, and the Administrative Procedure Act—to prevent disclosure. Mr. Clements analyzes the nature and scope of the cause of action and concludes that, by misconstruing congressional intent in interpreting the relevant statutes, courts have often placed unwarranted restrictions on disclosure. He also suggests agency procedures to resolve controversies expeditiously.