172.8—Considerations in determining whether the Department will comply with a demand or request.
(a)
In deciding whether to comply with a demand or request, Department officials and attorneys shall consider, among others:
(1)
Whether such compliance would be unduly burdensome or otherwise inappropriate under the applicable rules of discovery or the rules of procedure governing the case or matter in which the demand arose;
(2)
Whether compliance is appropriate under the relevant substantive law concerning privilege or disclosure of information;
(6)
The need to maintain impartiality between private litigants in cases where a substantial government interest is not implicated;
(7)
Whether compliance would have an adverse effect on performance by the Department of its mission and duties; and
(b)
Among those demands and requests in response to which compliance will not ordinarily be authorized are those with respect to which, inter alia, any of the following factors exist:
(4)
Compliance would reveal confidential commercial or financial information or trade secrets without the owner's consent;