FOIA Exemption 7(C)
Exemption 7(C) permits withholding of “investigatory records compiled for law-enforcement purposes” when the release of such records would “constitute an unwarranted invasion of personal privacy.” The privacy exemption does not prohibit all disclosures which invade personal privacy, but only disclosures which entail unwarranted invasion of personal privacy. The courts have not determined what constitutes “an unwarranted invasion of personal privacy” under the meaning of 7(C). Instead, they have applied a balancing test whereby the individual’s interest in maintaining his privacy has been weighed against the public’s interest in disclosure. The privacy protected is not only that of a confidential source, but also the privacy of third parties whom a confidential source reveals. The only public interest relevant for purposes of Exemption 7(C) is one that focuses on citizens’ right to be informed about what their government is up to.
Example of Exemption 7(C)
In United States Department of State v. Michael D. Ray, Haitians applying for political asylum sought, under the Freedom of Information Act, names of Haitian nationals who had been returned to Haiti. The Haitians and their attorney aimed to prove that they were entitled to political asylum because Haitians who immigrate illegally face a well-founded fear of persecution upon returning home. The State Department had conducted interviews with a “representative sample” of Haitian returnees, most of whom reported no harassment or prosecution. The Haitians in Ray submitted a FOIA request for copies of these interviews. DHS denied that request based on Exemptions 6 and 7(C). After conducting a balancing test between the privacy interests and the public interests, the court concluded that the exemptions had been properly applied due to the personal information contained in the interviews and the fact that interviewees would be identified has individuals who had cooperated with the State Department.