---
kind: "section"
citation: "45 C.F.R. § 2105.34"
title: "45"
number: "2105.34"
heading: "Can an Agency release information protected by Exemption 4?"
url: "https://uscodex.org/cfr/45/2105.34"
---

# §2105.34. Can an Agency release information protected by Exemption 4?


If an Agency determines that the requested information is protected from release by Exemption 4 of the FOIA, the Agency has no discretion to release the information. Release of information protected from release by Exemption 4 is prohibited by the Trade Secrets Act, a criminal provision found at [18 U.S.C. 1905](/usc/18/1905.md).


## Notes

### Authority

Authority: 5 U.S.C. 552, as amended by Public Law 110-175, 121 Stat. 2524 and Pub. L. 114-185, 130 Stat. 538.

### Source

Source: 84 FR 27722, June 14, 2019, unless otherwise noted.