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92 F.4th 1131
D.C. Cir.
2024
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Background

  • Insider, Inc. filed FOIA requests with the General Services Administration (GSA) for documents about expenditures related to President Trump’s and Vice President Pence’s outgoing presidential transition teams.
  • GSA released documents, including salary spreadsheets of transition team members, but redacted the names of several low-level members, citing FOIA Exemption 6 (protects against unwarranted invasion of personal privacy).
  • Insider challenged the redactions, arguing that disclosure was required under FOIA, and sued GSA to compel release of the names.
  • The district court held that GSA’s redactions were proper, granted summary judgment to GSA, and denied Insider's motion.
  • On appeal, the D.C. Circuit affirmed the district court's decision, agreeing that the privacy interest outweighed any cognizable public interest under FOIA.

Issues

Issue Plaintiff’s Argument Defendant’s Argument Held
Whether disclosing names of low-level transition team members is required under FOIA Names are needed for transparency and to investigate possible ethical concerns regarding transition team activities Disclosure would be an unwarranted invasion of privacy for low-level, non-public figures without advancing a relevant public interest Not required; privacy outweighs any public interest
Whether Exemption 6 applies to names in salary spreadsheets Exemption 6 does not justify withholding names as they are tied to activity of government-funded transition Names constitute personal information, and public interest in disclosure is negligible under FOIA’s purpose Exemption 6 applies; names may be withheld
Whether GSA’s prior release of other team members’ names waives privacy interests of remaining individuals Prior releases indicate diminished privacy, supporting release of all names Waiver does not apply; privacy analysis is individualized and non-waiver is preserved No waiver; individual privacy interests remain
Whether derivative investigative use of names creates a public interest Names allow for further media investigation potentially exposing government misconduct Speculative future uses do not establish a cognizable public interest under FOIA Speculative interest rejected; privacy prevails

Key Cases Cited

  • Nat’l Ass’n of Home Builders v. Norton, 309 F.3d 26 (D.C. Cir. 2002) (FOIA’s purpose to pierce administrative secrecy and promote transparency)
  • Jud. Watch, Inc. v. U.S. Dep’t of Homeland Sec., 895 F.3d 770 (D.C. Cir. 2018) (describing FOIA’s transparency objectives)
  • Jud. Watch, Inc. v. FDA, 449 F.3d 141 (D.C. Cir. 2006) (exemptions protect against privacy threats from releasing personal information)
  • Common Cause v. NRC, 674 F.2d 921 (D.C. Cir. 1982) (greater privacy for private citizens than high-level government officials under FOIA)
  • U.S. Dep’t of Just. v. Reps. Comm. For Freedom of Press, 489 U.S. 749 (1989) (public interest under FOIA must relate to government, not private actors)
  • U.S. Dep’t of State v. Ray, 502 U.S. 164 (1991) (speculation about public benefit insufficient to outweigh privacy interests)
Read the full case

Case Details

Case Name: Insider Inc. v. GSA
Court Name: Court of Appeals for the D.C. Circuit
Date Published: Feb 16, 2024
Citations: 92 F.4th 1131; 22-5330
Docket Number: 22-5330
Court Abbreviation: D.C. Cir.
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