Freedom of Information

Examples where courts have found a public interest sufficient to override a privacy interest under Exemption 7(C) include:

As with Exemption 6, in addition to any argument that there are no legitimate privacy concerns raised by the disclosure of the record at issue, you should also be prepared to argue that even if such an interest exists, it is outweighed by the public interest in disclosure.

Courts have recognized a privacy interest under Exemption 7(C) for information/records such as:

As with Exemption 6, the following factors — among others — may minimize or increase the privacy interest at issue. (For additional details on these points, see the sections under Exemption 6 regarding factors that minimize or increase the privacy interest).

Under 7(C), “[t]he preliminary question is whether” an individual’s interest in nondisclosure of the records is a “personal privacy” interest protected by the exemption.⁷² For purposes of this exemption — like Exemption 6 — the third party must have “more than a de minimis privacy interest” that would be compromised by the release of the requested material.

“…could reasonably be expected to constitute an unwarranted invasion of personal privacy.”

“…would deprive a person of a right to a fair trial or an impartial adjudication”

“…could reasonably be expected to interfere with enforcement proceedings”

Assuming the record in question is “compiled for law enforcement purposes,” an agency must also justify why its disclosure would implicate at least one