Protection of Personal Privacy Interests under the Freedom of Information Act

Abstract

Abstract : The Freedom of Information Act (FOIA) was established primarily to deter secrecy in government by guaranteeing a statutory right of access to government information; however, society's interest in an open government sometimes conflicts with the individual right to privacy . These personal privacy interests are protected by two provisions of the FOIA: Exemptions 6 and 7 (C) which concern 'personal and medical files and similar files' and 'records' or information complied for law enforcement purposes, respectively. This article addresses the right to privacy as it now exists under FOIA in light of the Supreme Court's decision in Department of Justice v. Reporters Committee for Freedom of the Press. In examining the FOIA's personal privacy protections, the article first outlines the legislative history of the FOIA to include a brief history of its passage, subsequent amendments, and statutory structure. The foundations of the individual right to privacy are discussed, followed by a detailed description of the threshold requirements for Exemptions 6 and 7 (C). The article then explores the process presently employed by the courts in balancing the public's right to know against the individual's right to privacy.