758 F.3d 168
2d Cir.2014Background
- Cook sought FOIA records at NARA about special access requests for Bush and Cheney materials.
- District court granted summary judgment for NARA, holding Exemption 6 applies.
- NARA treated former officials' requests as researcher reference and withheld under Exemption 6; current officials' requests were disclosed.
- NARA identified 907 Bush records and 61 Cheney records; narrowed to records and responses.
- Court held the records are “similar files” containing personal information identifiable to individuals, with compelling privacy interests.
- Segregability not reached; district court’s judgment affirmed on Exemption 6 grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exemption 6 applicability to former officials' requests | Cook argues Exemption 6 does not apply | NARA contends these records are similar files and protected | Exemption 6 applicable; privacy outweighs public interest |
| Segregability of redacted content | Cook seeks partial redactions to reveal non-privacy content | NARA chose categorical approach; non-categorical segregation not necessary | Not reached; affirmed without ordering segregation |
Key Cases Cited
- Washington Post Co. v. Dep't of State, 456 U.S. 595 (1982) (definition of 'similar files' and privacy rationale under Exemption 6)
- Associated Press v. U.S. Dep't of Def., 554 F.3d 274 (2d Cir. 2009) (broader reading of 'similar files' and privacy balancing)
- U.S. Dep't of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989) (privacy interests align with FOIA exemptions; balancing standard)
- Rose v. DOD, 425 U.S. 352 (1976) (policy of disclosure and public scrutiny; general FOIA framework)
- News-Press v. Homeland Sec., 489 F.3d 1173 (11th Cir. 2007) (privacy interest threshold under Exemption 6; quasi-governmental status not dispositive)