FOIA Advisor

Court opinions issued Sept. 13, 2016

Court Opinions (2015-16)Allan BlutsteinComment

Elec. Privacy Info. Ctr. v. DEA (D.D.C.) -- finding that DEA conducted a reasonable initial search for agency privacy assessments, but that its supplemental effort to locate four missing assessments based on a "clear and certain lead" was insufficient.  

Inclusive Cmtys. Project v. HUD (N.D. Tex.) -- rejecting agency's reliance on Exemption 6 to withhold requested data on House Choice Vouchers.  Although the court accepted HUD's argument that an invasion of privacy may theoretically occur through a chain of events following disclosure ("derivative-use theory"), the court found that the agency failed to demonstrate the likelihood of such harm in this case.  Even if the agency had made the necessary causal connection, however, the court concluded that the public interest in disclosure outweighed the privacy interests at stake.   

Summaries of all opinions issued since April 2015 available here.