I think some of the issue here is that the language is aiming for clarity (and in general I'm a fan of clarity).

One example of what might be an "overwhelming business need" -- at CFPB, there was a long debate about whether or not algorithms used to look for fair lending violations should be published. In almost all of these instances, there can be arguments both ways -- so it really has to be case-by-case in close collaboration with the client.