There are discrete circumstances in which the DOJ may disclose a person’s confidential information for a specific use. The HSR Act expressly allows the DOJ and FTC, and the Antitrust Civil Process Act allows DOJ, to use confidential information produced by parties and third parties in court proceedings.  However, if DOJ seeks to introduce evidence for use in court proceedings, the Federal Rules of Civil Procedure and DOJ policies and practices include procedures to protect confidential information.  For example, DOJ typically asks courts to enter protective orders to be able to disclose information confidentially in discovery and to limit the use of the confidential information to the specific proceeding.  Third parties are provided with a copy of the protective order.  Confidential information provided to a court can also be protected from disclosure by filing the information under seal.  Information filed under seal will not be a part of the public record. DOJ is also subject to the Freedom of Information Act (“FOIA”), which provides the public with a right of access to certain agency records. This statute, however, contains several exemptions that protect information provided to DOJ.  It permits DOJ to withhold certain categories of documents from requesters, including information protected by statute (such as the HSR Act), “commercial or financial information obtained from a person [that is] privileged or confidential,” inter- or intra-agency memoranda or letters that would be routinely privileged in civil discovery, and “files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.” In addition, an exemption from FOIA’s disclosure regime applies to certain information compiled for law enforcement purposes, including when disclosure could interfere with enforcement proceedings or disclose the identity of a confidential source. Upon receiving an appropriate request from a congressional committee, the DOJ may share confidential information. When it receives such a request, the DOJ typically seeks to minimize the exposure of any confidential materials by making presentations to congressional members or their staff in confidential briefings. Before these meetings, the DOJ notifies the members and their staff in writing about the confidential nature of the information to be provided and requests that the information remain confidential. If applicable, DOJ typically redacts all confidential, law enforcement sensitive, or other non-public information from documents that are provided to Congress, but may provide Congressional staff the opportunity to review documents containing sensitive information in camera. The DOJ also notifies the submitter of the information that it has received a congressional request.