DOJ Refuses FOIA Request On Emails, Claiming 'Personal Privacy'
Mike Masnick, Tech Dirt, Apr. 4, 2017
We've talked in the past about how government FOIA officers seem to really love exemption b(5) which covers "inter-agency or intra-agency memorandum or letters which would not be available by law to a party other than an agency in litigation with the agency." But, in my experience, I've seen a ton of the next exemption: the b(6) exemption, often called the "privacy exemption." Officially, the law (5 USC 552(b)(6)), says only that "personnel and medical files and similar files the disclosure of which would constitute a clearly unwarranted invasion of personal privacy."
That seems like a perfectly reasonable exemption. Even if it is part of a government discussion, we don't want the government revealing medical files or something of a similar nature. But, over the years, this has gotten abused in weird ways, such as the time a FOIA officer used b(6) to redact Beyonce's name in a FOIA request about Beyonce. Really.
However, now I think we've seen the b(6) exemption to end all b(6) exemptions. This came to investigative reporter David Sirota, who filed a FOIA request to find out about emails between Makan Delrahim and employees of the DOJ's antitrust division. This is potentially useful info, because Delrahim was just nominated to head that very division. But, more importantly, Delrahim has been a powerful lobbyist for Anthem who tried to help it get its merger with Cigna approved -- an effort that just recently failed in court, but may have another chance with Delrahim in a position of power.
Read more here.