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Ms. Pustay told the committee the preferred course of action in the wake of the high court ruling would be to amend Exemption 2 so its plain language addresses the need to protect against disclosures that would risk circumvention of the law.

She said a proposed legislative amendment would need to take into account the interests of the agencies in preventing circumvention of the law and safeguarding national security, and the shared interests of the requesters and the department in ensuring that exemptions are not crafted too broadly.