Electronic Privacy Information Center v. Office of the Director of National Intelligence
2013 U.S. Dist. LEXIS 145660
| D.D.C. | 2013Background
- EPIC submitted FOIA requests to ODNI seeking NCTC datasets guidelines and privacy procedures; 29 responsive records found, 8 released in part, 21 withheld.
- Only EPIC’s challenge to the 21 full withholdings is at issue; other requests’ actions are not challenged.
- ODNI claimed the 21 records were wholly exempt under Exemptions 3, 5, and 7(E), with some portions also protected by Exemptions 1, 2, and 6.
- Most 21 records are described as Deletion Issue Trackers/Reports and Deletion Issue Tracker Emails; ODNI contends they concern intelligence sources and methods.
- The court conducted in camera review and, applying de novo FOIA standards, granted summary judgment for ODNI on the 21 documents.
- Court also analyzed ODNI’s segregability and concluded no reasonably segregable non-exempt material remained.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Propriety of withholding 21 documents under Exemption 3 | EPIC argues records lack Exemption 3 protection; information is non-exempt. | ODNI contends records disclose intelligence sources/methods; satisfy Exemption 3. | Exemption 3 protects all 21 documents. |
| Segregability of the 21 documents withheld in full | ODNI failed to identify any non-exempt material for release. | Line-by-line review shows no segregable material; releasing any piece would offer little informational value. | No further non-exempt material to disclose; proper segregability analysis. |
Key Cases Cited
- Campbell v. U.S. Dep’t of Justice, 164 F.3d 20 (D.C. Cir. 1999) (detailed justification required for withholdings; de novo review)
- King v. U.S. Dep’t of Justice, 830 F.2d 210 (D.C. Cir. 1987) (explanation must be specific rather than conclusory)
- Simon v. Dep’t of Justice, 980 F.2d 782 (D.C. Cir. 1992) (allowance for in camera review; deference in national security matters)
- ACLU v. U.S. Dep’t of Justice, 265 F. Supp. 2d 20 (D.D.C. 2003) (special weight to agency affidavits in national security FOIA)
- U.S. Dep’t of Justice v. Reporters Comm. for the Freedom of the Press, 489 U.S. 749 (U.S. (1989)) (FOIA burden on agency; strong presumption of disclosure)