In a recent article in the Emory Law Journal, law student Maranda Johnston critiques the growing use of trade secret exemptions by private companies to withhold vital information from the public. These exemptions, she argues, allow companies to avoid transparency and scrutiny, even when the information they possess could be critical to public health, safety, or the environment. 

Johnston proposes expanding transparency requirements to private companies, like the Freedom of Information Act (FOIA), which would compel them to disclose information affecting the public interest. She suggests that companies could be incentivized to comply through tax benefits or other financial rewards, creating a system that encourages both openness and business innovation. 

Johnston’s argument resonates with a study by Richard Peltz-Steele, who explored how the U.S. could benefit from adopting a model like South Africa’s transparency laws. South Africa requires companies involved in public matters or receiving public funds to disclose information, promoting a stronger sense of corporate accountability. Peltz-Steele’s work highlights how such a system could be adapted to improve corporate transparency in the U.S.

Posted: January 23, 2025
Category: Brechner News
Tagged as: Brechner FOI Project, Brechner Freedom of Information Project, FOI, FOIA, open records laws