45 CFR § 2105.34 - Can an Agency release information protected by Exemption 4?

---
identifier: "/us/cfr/t45/s2105.34"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "45 CFR § 2105.34 - Can an Agency release information protected by Exemption 4?"
title_number: 45
title_name: "Public Welfare"
section_number: "2105.34"
section_name: "Can an Agency release information protected by Exemption 4?"
chapter_name: "COMMISSION OF FINE ARTS"
part_number: "2105"
part_name: "REQUIREMENTS FOR COMPLIANCE WITH THE FREEDOM OF INFORMATION ACT"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "5 U.S.C. 552, as amended by Public Law 110-175, 121 Stat. 2524 and Pub. L. 114-185, 130 Stat. 538."
regulatory_source: "84 FR 27722, June 14, 2019, unless otherwise noted."
cfr_part: "2105"
---


# 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.