Protected Materials in Public Rulemaking Dockets

This project examines how agencies protect confidential business information, such as trade secrets and financial regulatory information, and personally identifiable information, such as medical information, within their public rulemaking dockets, while achieving an appropriate level of disclosure. Recommendation 2013-4, Administrative Record in Informal Rulemaking, urged agencies to seek “maximum disclosure” in the public rulemaking docket but did not address precisely how agencies should safeguard protected materials that underlie proposed rules. This project builds on Recommendation 2013-4 by studying practices agencies use to balance transparency and confidentiality in rulemaking, such as disclosing aggregate data without compromising the underlying information’s confidentiality and redacting protected information.


Committee Chair
Senior Counsel
U.S Securities and Exchange Commission
Staff Counsel
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