Releasing mug shot photographs under the federal Freedom of Information Act would violate the personal privacy rights of those depicted, the U.S. Court of Appeals in Atlanta (11th Cir.) held on Friday in Karantsalis v. Department of Justice.
As the second federal appellate level court to address the issue, the Eleventh Circuit's decision to deny access to mug shots held by federal authorities creates a split in the circuits; the U.S. Court of Appeals in Cincinnati (6th Cir.) held in 1996 that there was no recognizable personal privacy interest in such photographs.
Amicus brief in Karantsalis v. Dep't of Justice et al.
Urging the U.S. Court of Appeals for the Eleventh Circuit to rehear en banc a three-judge panel decision finding that a federal prisoner's privacy interest in his mug shot outweighs the public interest in its disclosure such that it may be withheld under exemption 7(C) to FOIA.