FOIA Advisor

Court opinions issued Nov. 23-24, 2015

Court Opinions (2015-16)Allan BlutsteinComment

Nov. 24, 2015

Aguiar v. Drug Enforcement Admin. (D.D.C.) -- concluding that GPS mapping software used by the DEA at plaintiff's criminal trial is not an agency record; further ruling that plaintiff's inability to access DEA-released information on a compact disk due to prison security rules could not be remedied via FOIA.  

Tipograph v. Dep't of Justice (D.D.C.) -- determining that plaintiff lacked standing to pursue her claim that the FBI maintains a policy of improperly invoking FOIA Exemption 7(A) at the investigative-file level rather than at the record level.  The court rejected the FBI's alternative argument that plaintiff's claim was moot.  

Nov. 23, 2015

Havemann v. Colvin (4th Cir.) -- affirming district court's decision that the Social Security Administration performed an adequate search in response to a large-scale request concerning allegedly underpaid beneficiaries, and that the requested data was either released or properly withheld under Exemption 6.  The Fourth Circuit rejected appellant's contentions that the public interest outweighed any privacy interests or that the district court "improperly considered affidavits from a previous case, erroneously relied upon interested 'experts,' and considered affidavits that were merely speculative."

Summaries of all opinions issued since April 2015 available here.