Background

• Plaintiffs Wade, Jr. and National Tax Services, Inc. sue the IRS under FOIA seeking a complete Enrolled Agents listing with all fields released.
• IRS provided an updated Excel spreadsheet in March 2010 with name, address, primary/secondary phone numbers, and e-mail, but not home numbers.
• IRS explained secondary numbers were intended to protect home numbers; additional fields were released later in July 2010.
• Plaintiffs challenge the restriction on home numbers, arguing the data conversion to E-trak may mislabel numbers and thus privacy concerns may be overstated.
• IRS moved for summary judgment, arguing the home numbers are exempt under FOIA Exemption 6 and that the search was adequate and data properly segregated.
• Court stages summary judgment on the FOIA privacy exemption issue, concluding the home numbers may be withheld and the rest of the material is producible.

Issues

Key Cases Cited

• Department of Defense v. Federal Labor Relations Authority, 510 U.S. 487 (U.S. 1994) (balancing public interest vs. privacy under Exemption 6)
• Dep't of the Air Force v. Rose, 425 U.S. 352 (U.S. 1976) (privacy balancing framework for FOIA exemptions)
• CIA v. Sims, 471 U.S. 159 (U.S. 1985) (FOIA exemptions narrowly construed; broad disclosure mandate)
• FBI v. Abramson, 456 U.S. 615 (U.S. 1982) (exemption scope and need for legitimate public interest)
• Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard and burden on movant)
• Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (summary judgment burden shifting and evidence standard)
• Mead Data Central, Inc. v. U.S. Dep't of Air Force, 566 F.2d 242 (D.C. Cir. 1977) (segregation and nonexempt portions principle)
• Armstrong v. Exec. Office of the President, 97 F.3d 575 (D.C. Cir. 1996) (reasonably specific affidavits may justify withholding)
• SafeCard Services v. SEC, 926 F.2d 1197 (D.C. Cir. 1991) (presumption of good faith for agency affidavits)