FOIA’s Exemption 6 protects the release of information about individuals from
“personnel and medical files and similar files” when the disclosure of such information
“would constitute a clearly unwarranted invasion of personal privacy.” 5 U.S.C. §
552(b)(6). Courts maintain that the privacy interest inherent in FOIA Exemption 6
“belongs to the individual, not the agency holding the information.” Sherman v. United
States Dep't of the Army, 244 F.3d 357, 363-64 (5" Cir. 2001). Hence, the Government
is precluded from waiving an individual's privacy interests by publicizing information
about that person on its own.
If you are dissatisfied with this decision, you may appeal, in writing, to FOTA
Officer, Federal Election Commission, 999 E Street, NW, Washington, DC 20463. If
you appeal this decision, you should clearly and prominently state on the envelope or
other cover and at the top of the first page, “FOIA Appeal.” In addition, you should
include a copy of your original request, a copy of this letter, and a statement explaining
why you believe that this decision is in error
Sincerely,
Judy S. McLaughlin
FOIA Request Service Center
Enclosures