Friday, July 22, 2016

6th Circuit: Freedom of Information Act Exemption Protects Mug Shot Disclosure

An exemption under the Freedom of Information Act that protects personal privacy also prevents booking photos from public disclosure

Detroit Free Press Inc. v. DOJ, 6th Cir. (en banc), No. 14-1670, 7/14/16.

   The Sixth Circuit reversed 20 years of precedent that allowed the public disclosure of federal booking photos because of new concerns surrounding privacy in the 21st Century. The court held that these types of photos fit within an exemption of the Freedom of Information Act (FOIA), which prevents the disclosure of information that “could reasonably be expected to constitute an unwarranted invasion of personal privacy.” The court, noting that the photos share “embarrassing and humiliating information,” and argued the information not only violates a person’s privacy, but that it is the exact type of information meant to be protected by the FOIA’s exemption.

   While ruling against the use of public disclosure of booking photos, the court also added that a case-by-case approach should be used to decide whether or not a booking photo disclosure is in the best interest of the public and in the purpose of the FOIA.

http://www.opn.ca6.uscourts.gov/opinions.pdf/16a0164p-06.pdf

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