Background

• FOIA Exemption 7(C) shields records compiled for law enforcement that could reasonably be expected to invade personal privacy.
• AT&T provided documents to the FCC Enforcement Bureau during an E-Rate program investigation, including pricing, billing, and staff information.
• FCC and Bureau concluded Exemption 7(C) protects individuals identified in AT&T's submissions, but not AT&T as a corporation.
• Third Circuit held that the term 'personal privacy' extends to corporations because 'person' includes corporations by statute.
• FCC and AT&T sought Supreme Court review; Court reverses, holding corporations have no 'personal privacy' under Exemption 7(C).
• Court distinguishes 'personal privacy' from Exemption 6 and Exemption 4, and relies on ordinary meaning of 'personal' as applied to individuals.

Issues

Key Cases Cited

• Dolan v. Postal Service, 546 U.S. 481 (U.S. 2006) (statutory interpretation of terms within exemptions)
• Powerex Corp. v. Reliant Energy Services, Inc., 551 U.S. 224 (U.S. 2007) (same-language within the statute should have the same meaning)
• Washington Post Co. v. Department of State, 456 U.S. 595 (U.S. 1982) (interpretation of 'personal privacy' in Exemption 6 context)
• Department of State v. Ray, 502 U.S. 164 (U.S. 1991) (identified as framing rights of privacy under Exemption 6)
• Leocal v. Ashcroft, 543 U.S. 1 (U.S. 2004) (statutory interpretation with ordinary meaning in context)