OCTOBER TERM, 1991
Syllabus
UNITED STATES DEPARTMENT OF STATE
v.
RAY ET AL.
CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
ELEVENTH CIRCUIT
No. 90-747. Argued October 9, 1991-Decided December 16, 1991
In 1981, the Secretary of State obtained an assurance from the
Haitian Government that it would not subject to prosecution for
illegal departure undocumented Haitians interdicted by the United
States and returned to Haiti. Personnel of petitioner State
Department monitored Haiti's compliance with the assurance by
conducting interviews with a "representative sample" of
unsuccessful emigrants, most of whom reported no harassment or
prosecution after their return. During immigration proceedings,
respondents, undocumented Haitian nationals and their attorney,
sought to prove that the nationals were entitled to political
asylum in the United States because Haitians who immigrate
illegally face a well-founded fear of persecution upon returning
home. To disprove the Government's assertion that returnees have
not been persecuted, respondents made Freedom of Information Act
(FOIA) requests for copies of petitioner's interview reports and
received,
inter alia, 17 documents from which the names and
other identifying information had been redacted. The District Court
ordered petitioner to produce the redacted material, finding that
the deletions were not authorized by FOIA Exemption 6, which
exempts from disclosure "personnel and medical files and similar
files the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy." The Court of Appeals
affirmed. It found that the returnees' significant privacy
interests-stemming from respondents' intent to use the redacted
information to contact and question the returnees and from the
Federal Government's promise to maintain their confidentiality-were
outweighed by the public interest in learning whether the
Government is adequately monitoring Haiti's compliance with its
obligation and is honest when its officials opine that Haiti is
adhering to its assurance. The court also concluded that the
indirect benefit of giving respondents the means to locate and
question returnees provided a public value requiring
disclosure.
Held: Disclosure of the unredacted interview reports
would constitute a clearly unwarranted invasion of the returnees'
privacy. Pp. 171-182.
165
(a) In order to determine whether petitioner has met its burden
of justifying the redaction, the individual's right of privacy must
be balanced against the ForA's basic policy of opening agency
action to the light of public scrutiny.
Department of Air
Force v.
Rose, 425 U. S. 352, 372.
Pp.173-175.
(b) The privacy interest at stake in this case is more
substantial than the Court of Appeals recognized. The invasion of
privacy from summaries containing personal details about particular
returnees, while
de minimis when the returnees' identities
are unknown, is significant when the information is linked to
particular individuals. In addition, disclosure would publicly
identify the returnees, possibly subjecting them or their families
to embarrassment in their social and community relationships or to
retaliatory action that might result from a renewed interest in
their aborted attempt to emigrate. The lower court also gave
insufficient weight to the fact that the interviews were conducted
pursuant to an assurance of confidentiality, since the returnees
might otherwise have been unwilling to discuss private matters and
since the risk of mistreatment gives this group an additional
interest in assuring that their anonymity is maintained. Finally,
respondents' intent to interview the returnees magnifies the
importance of maintaining the confidentiality of their identities.
pp. 175-177.
(c) The public interest in knowing whether petitioner has
adequately monitored Haiti's compliance with the assurance has been
adequately served by disclosure of the redacted interview
summaries, which reveal how many returnees were interviewed, when
the interviews took place, the interviews' contents, and details
about the returnees' status. The addition of the redacted
information would shed no further light on petitioner's conduct of
its obligation. Pp. 177-178.
(d) The question whether the "derivative use" of requested
documents-here, the hope that the information can be used to obtain
additional information outside the Government files-would ever
justify release of information about private individuals need not
be addressed, since there is nothing in the record to suggest that
a second set of interviews would produce any additional relevant
information. Nor is there a scintilla of evidence that tends to
impugn the integrity of the interview reports, and, therefore, they
should be accorded a presumption of legitimacy. Pp.178-179.
908 F.2d
1549, reversed.
STEVENS, J., delivered the opinion of the Court, in which
REHNQUIST, C. J., and WHITE, BLACKMUN, O'CONNOR, and SOUTER, JJ.,
joined, and in all but Part III of which SCALIA and KENNEDY, JJ.,
joined. SCALIA, J., filed an opinion concurring in part and
concurring in the judgment, in
166
which KENNEDY, J., joined,
post, p. 179. THOMAS, J., took
no part in the consideration or decision of the case.
Kent L. Jones argued the cause for petitioner. With him on the
briefs were Solicitor General Starr, Assistant Attorney General
Gerson, Deputy Solicitor General Roberts, Leonard Schaitman, and
Bruce G. Forrest.
Michael Dean Ray, pro se, argued the cause for
respondents. With him on the brief were
Neil Dwight Kolner
and
Eric J.
Sinrod. *
JUSTICE STEVENS delivered the opinion of the Court.
In response to a Freedom of Information Act (FOIA) request, the
Department of State produced 25 documents containing information
about Haitian nationals who had attempted to immigrate illegally to
the United States and were involuntarily returned to Haiti. Names
of individual Haitians had been deleted from 17 of the documents.
The question presented is whether these deletions were authorized
by FOIA Exemption 6, which provides that FOIA disclosure
requirements do not apply to "personnel and medical files and
similar files the disclosure of which would constitute a clearly
unwarranted invasion of personal privacy." 5 U. S. C. §
552(b)(6).
I
Haiti is a densely populated nation located about 500 nautical
miles southeast of Florida on the western third of the Caribbean
Island of Hispaniola. Prior to 1981, its history of severe economic
depression and dictatorial government
*Briefs of amici curiae urging affirmance were filed for the
American Civil Liberties Union et al. by Debra A. Valentine, David
L. Sobel, John A. Powell, Lucas Guttentag, and Gary M. Stern; for
the American Newspaper Publishers Association et al. by Robert C.
Bernius, Rene P. Milam, Barbara Wartelle Wall, Jane E. Kirtley,
Richard M. Schmidt, Bruce W Sanford, James E. Grossberg, and George
Freeman; and for the Lawyers Committee for Human Rights et al. by
David C. Vladeck and Alan B. Morrison.
167
motivated large numbers of its citizens to emigrate to Florida
without obtaining the permission of either the Haitian Government
or the Government of the United States. A small number of those
undocumented aliens were eligible for asylum as political
refugees,l but almost all of them were subject to deportation if
identified and apprehended.
In response to this burgeoning "illegal migration by sea of
large numbers of undocumented aliens" from Haiti and other
countries, President Reagan ordered the Coast Guard and the
Secretary of State to intercept vessels carrying undocumented
aliens and, except for passengers who qualified for refugee status,
to return them to their point of origin. See Presidential
Proclamation No. 4865, 3 CFR 50 (1981 Comp.); Exec. Order No.
12324, 3 CFR 180 (1981 Comp.). The President also directed the
Secretary of State to enter into "cooperative arrangements with
appropriate foreign governments for the purpose of preventing
illegal migration to the United States by sea."
Ibid.
Following this directive, the Secretary of State obtained an
assurance from the Haitian Government that interdicted Haitians
would "not be subject to
1 Article 1.2 of the United Nations Protocol Relating to the
Status of Refugees, Jan. 31, 1967, 606 U. N. T. S. 268, to which
the United States acceded in 1968, 19 U. S. T. 6223, 6261, T. I. A.
S. No. 6577, defines a "refugee" as a person absent from his or her
country due to a "wellfounded fear of being persecuted for reasons
of race, religion, nationality, membership of a particular social
group or political opinion." The Protocol obligates the United
States to comply with the substantive requirements of Articles 2
through 34 of the United Nations Convention Relating to the Status
of Refugees, July 28, 1951, 189 U. N. T. S. 150. 19 U. S. T., at
6225. Article 33.1 of the Convention, 19 U. S. T., at 6267, states:
"No Contracting State shall expel or return ('refouler') a refugee
in any manner whatsoever to the frontiers of territories where his
life or freedom would be threatened on account of his race,
religion, nationality, membership of a particular social group or
political opinion." See generally
INS v.
Stevie,
467 U. S. 407,
416-418 (1984). Article 34, 19 U. S. T., at 6267, provides that
"Contracting States shall as far as possible facilitate the
assimilation and naturalization of refugees .... " See generally
INS v.
Cardoza-Fonseca, 480 U. S. 421, 436-441
(1987).
168
prosecution for illegal departure." See Agreement on
Migrants-Interdiction, Sept. 23, 1981, United States-Haiti, 33 U.
S. T. 3559, 3560, T. 1. A. S. No. 10241. In order to monitor
compliance with that assurance, State Department personnel
conducted confidential interviews with a "representative sample" of
unsuccessful emigrants about six months after their involuntary
return. All but one or two of the emigrants reported that they had
not been harassed or prosecuted since their return to Haiti.
Respondents in this case are a Florida lawyer who represents
undocumented Haitian nationals seeking political asylum in the
United States and three of his clients. In immigration proceedings,
respondents are attempting to prove that Haitians who immigrated
illegally will face a wellfounded fear of persecution if they
return to their homeland and therefore are refugees entitled to
asylum in this country. Relying in part on the evidence in the
reports of the interviews with former passengers on vessels
interdicted by the Coast Guard, the Government has taken the
position in those proceedings that respondents' fear of persecution
is not well founded.
In order to test the accuracy of the Government's assertion that
undocumented Haitian nationals have not been persecuted upon their
return to Haiti, respondents made a series of FOIA requests to
three Government agencies for copies of reports of the interviews
by State Department personnel with persons who had been
involuntarily returned to Haiti. Insofar as relevant to the
question before us, the net result of these requests was the
production by the State Department of 25 documents, containing
approximately 96 pages, which describe a number of interviews with
specific returnees and summarize the information that had been
obtained during successive periods.2 Thus, for example, a
summary
2 Respondents also sought disclosure of an alleged list of 600
Haitians who had been returned to Haiti and had not been mistreated
after their arrival. The District Court found, however, that the
"record fails to dis-
169
prepared in March 1985 reported that since the followup program
had begun 31/2 years earlier, United States embassy officials in
Haiti had interviewed 812 returnees, 22.83 percent of the total
migrant interdictee population.3 During that time, the report
continued, "only two interdictees have mentioned a threat or
mistreatment by the authorities. In one case the claim was
unverifiable as there were no witnesses present, in the second case
higher authorities intervened to prevent mistreatment by a rural
policeman."4 In 17 of the documents, the information related to
individual interviews, but the names and other identifying
information had been redacted before the documents were delivered
to respondents.5 The only issue for us to decide is whether that
redaction was lawful.
close that any documents have been improperly withheld o[r] that
they, indeed, exist,"
Ray v.
United States Department of
Justice, 725 F. Supp. 502, 504 (SD Fla. 1989), and the Eleventh
Circuit affirmed this finding,
Ray v.
United States
Department of Justice, 908 F.2d
1549, 1559-1560 (1990). We have no reason to question this
finding and, therefore, we are concerned only with the 25 documents
containing summaries of interviews with illegal Haitian immigrants
who were involuntarily returned to Haiti.
3 Plaintiffs' Notice of Filing Defendant State Department's
Edited Documents 12.
4 The May 1985 report, the last report in the record, states
that as of that date, embassy officials had interviewed 1,052 of
the returnees, 23.28 percent of the total migrant returnee
population.
Id., at 96. The report concluded that the
interviews provide "further evidence" that Haiti "is keeping its
commitment under the 1981 Migrant Interdiction Agreement not to
prosecute or harass returned migrants for their illegal departure,"
but noted that "the embassy will continue its follow-up program
with the goal of reaching a 25-percent interview rate of returned
migrants."
Ibid.
5 For example, one memorandum relates the following:
" __ is an unemployed 21-year-old living with his mother and
five younger siblings in a one-room shack in Delmas. His older
brother, who is employed and living in Port-au-Prince, had paid the
$100 fare for __ to travel on the S/V Sainte Marie, interdicted
enroute to Miami on 6/13/83.
" __ explained that he had wanted to live in Miami, although he
has no family there. He never went to school and has no marketable
skills. __ says that he is thinking of another attempt to reach
the
170
The District Court found that any invasion of privacy from the
"mere act of disclosure of names and addresses would be de minimis
and little more than speculation" and was clearly outweighed by the
public interest in the "safe relocation of returned Haitians."
Ray v.
United States Department of Justice, 725 F.
Supp. 502, 505 (SD Fla. 1989). It therefore ordered the Department
to produce the redacted information.
The Court of Appeals affirmed.
Ray v.
United States
Department of Justice, 908 F.2d
1549 (CAll 1990). For two reasons, however, it disagreed with
the District Court's "de minimis" characterization of the privacy
interest at stake. First, it noted that respondents wanted the
redacted information in order to enable them to contact the
interviewees directly and to question them about their treatment by
the Haitian Government.
Id., at 1554. Second, the Court
recognized that "the returnees were promised confidentiality before
they talked with U. S. government officials."
Ibid. Thus,
the Court of Appeals began its balancing process "by acknowledging
that there are significant privacy interests at stake."
Ibid. It nevertheless concluded that those interests were
outweighed by the public interest in learning whether the
Government is "adequately monitoring Haiti's compliance with its
obligation not to persecute returnees" and "is honest to the
public" when its officials express the opinion that Haiti is
adhering to that obligation.
Id., at 1555. The court
recognized that the redacted information would not, in and of
itself, tell respondents anything about
States. He cannot find a job here and said that he would like to
travel. The twelve days spent on board the S/V Sainte Marie were
difficult, he admitted, but he is willing to take another chance.
__ emphatically said that he had had no problems from Haitian
officials since his return. He has been assisted twice by the Red
Cross with food and money grants totalling $50." Attachment 2 to
Declaration of John Eaves, Acting Deputy Director of the Office of
Mandatory Review of the Classification and Declassification Center
of the Department of State 5.
171
Haiti's treatment of the returnees or this Government's honesty,
but it concluded that the indirect benefit of giving respondents
the means to locate the Haitian returnees and to cross-examine them
provided a public value that required disclosure.
Id., at
1555-1556.
We granted certiorari to review the Court of Appeals'
construction of Exemption 6, 499 U. S. 904 (1991), and now
reverse.
II
It is appropriate to preface our evaluation of the narrow
question that we must decide with an identification of certain
matters that have been resolved in earlier stages of the
litigation.
After the District Court's initial decision, the State
Department filed additional affidavits in support of a claim that
the redacted information was protected from disclosure by Exemption
1, the exemption for classified documents, and also by Exemption
7(C), the exemption for law enforcement records which, if released,
"could reasonably be expected to constitute an unwarranted invasion
of personal privacy." 6 The District Court ruled that the
Government had waived those claims by not raising them until after
its Exemption 6 claim had been denied, 725 F. Supp., at 505, and
the Court of Appeals held that that ruling was not an abuse of
discretion,
6 The relevant portions of Exemptions 1, 6, and 7 read as
follows:
"(b) [The ForA disclosure] section does not apply to matters
that are"(I)(A) specifically authorized under criteria established
by an Execu-
tive order to be kept secret in the interest of national defense
or foreign policy and (B) are in fact properly classified pursuant
to such Executive order;
"(6) personnel and medical files and similar files the
disclosure of which would constitute a clearly unwarranted invasion
of personal privacy;
"(7) records or information compiled for law enforcement
purposes, but only to the extent that the production of such law
enforcement records or information ... (C) could reasonably be
expected to constitute an unwarranted invasion of personal privacy
.... " 5 U. S. C. § 552.
172
908 F. 2d, at 1557. We denied the Government's certiorari
petition insofar as it sought review of that question, but mention
it here because the Government's burden in establishing the
requisite invasion of privacy to support an Exemption 6 claim is
heavier than the standard applicable to Exemption 7(C). See
Department of Justice v.
Reporters Comm. for Freedom of
Press, 489 U. S.
749, 756 (1989). To prevail in this case under Exemption 6, the
Government must establish that the invasion of the interviewees'
privacy would be "clearly unwarranted."
In attempting to meet its burden, the Government relies, in
part, on the fact that the interviews with the Haitian returnees
were conducted pursuant to assurances of confidentiality. In this
Court, respondents have suggested that the texts of some of the
reported interviews do not expressly mention such assurances.
Neither the District Court nor the Court of Appeals, however,
questioned the fact that promises of confidentiality had actually
been made; on the contrary, after finding that such assurances had
been made, both courts concluded as a matter of law that they did
not outweigh the public interest in disclosure.7 Insofar as the
promises of confidentiality are relevant, we of course accept the
factual predicate for the Court of Appeals decision.
That court's conclusion rested, in part, on what it described as
the public interest in learning "whether our government is honest
to the public about Haiti's treatment of returnees." 908 F. 2d, at
1555. The Court of Appeals did not, however, suggest that there was
any evidence in the
7 Thus, the Court of Appeals explained:
"We are also mindful, as the government points out, that the
returnees were promised confidentiality before they talked with U.
S. government officials. That, of course, is a factor that adds
weight to the privacy interests at stake here, but it is not a
factor that compels us to prohibit disclosure in this case." 908 F.
2d, at 1554; see also 725 F. Supp., at 505 ("The promise of
confidentiality by the State Dept. is only one factor to be
considered and, in this case, is not determinative of the
outcome").
173
State Department records that was inconsistent with any public
statement made by Government officials, or that there was any other
factual basis for questioning the honesty of its officials. Thus,
as with the assurances of confidentiality, we have no occasion to
question the Government's version of the relevant facts.
We note, finally, that respondents have never questioned the
Government's position that the documents at issue consist of
"personnel and medical files and similar files" within the meaning
of Exemption 6.8 Because the 17 reports from which identifying
information was deleted unquestionably apply to the particular
individuals who had been returned and interviewed, they are
"similar files" within the meaning of the exemption. See
Department of State v.
Washington Post Co., 456 U. S. 595, 602
(1982). The only question, therefore, is whether the disclosure of
the unredacted interview reports "would constitute a clearly
unwarranted invasion of that person's privacy."
III
The Freedom of Information Act was enacted to facilitate public
access to Government documents.
John Doe Agency v.
John
Doe Corp., 493 U.
S. 146, 151 (1989). The statute was designed" 'to pierce the
veil of administrative secrecy and to open agency action to the
light of public scrutiny.'"
Department of Air Force v.
Rose, 425 U.
S. 352, 361 (1976). Consistently with this purpose, as well as
the plain language of the Act, the strong presumption in favor of
disclosure places the burden on the agency to justify the
withholding of any requested documents.
Ibid.; Department of
Justice v.
Reporters Comm., 489 U. S., at 755. That
burden remains with the agency when it seeks to justify the
redaction of identifying information in a particular document as
well as when it seeks to withhold an entire document. See 5 U. S.
C. § 552(a)(4)(B).
8 See n. 6, supra.
174
The redaction procedure is, however, expressly authorized by
FOIA.9 Congress thus recognized that the policy of informing the
public about the operation of its Government can be adequately
served in some cases without unnecessarily compromising individual
interests in privacy.lo Accordingly,
9 As we noted in Department of Justice v. Reporters Comm. for
Freedom of Press,
489
U. S. 749, 755, n. 7 (1989):
"Congress employed ... language [similar to that contained in
Exemption 6] earlier in the statute to authorize an agency to
delete identifying details that might otherwise offend an
individual's privacy:
"'To the extent required to prevent a clearly unwarranted
invasion of personal privacy, an agency may delete identifying
details when it makes available or publishes an opinion, statement
of policy, interpretation, or staff manual or instruction.' §
552(a)(2)."
In addition, Congress mandated that "[a]ny reasonably segregable
portion of a record shall be provided to any person requesting such
record after deletion of the portions which are exempt .... " 5 U.
S. C. § 552(b).
10 See S. Rep. No. 813, 89th Cong., 1st Sess., 7 (1965) ("The
authority to delete identifying details after written justification
is necessary in order to be able to balance the public's right to
know with the private citizen's right to be secure in his personal
affairs which have no bearing or effect on the general public. For
example, it may be pertinent to know that unseasonably harsh
weather has caused an increase in public relief costs; but it is
not necessary that the identity of any person so affected be made
public"); H. R. Rep. No. 1497, 89th Cong., 2d Sess., 8 (1966) ("The
public has a need to know, for example, the details of an agency
opinion or statement of policy on an income tax matter, but there
is no need to identify the individuals involved in a tax matter if
the identification has no bearing or effect on the general
public"). These examples guided our analysis in
Department of
Justice v.
Reporters Comm., supra, in which we held that
criminal identification records, or "rap sheets," were law
enforcement records which, if released, "could reasonably be
expected to constitute an unwarranted invasion of personal privacy"
and therefore were exempt from disclosure under Exemption 7. We
explained that:
"Both public relief and income tax assessments-like law
enforcementare proper subjects of public concern. But just as the
identity of the individuals given public relief or involved in tax
matters is irrelevant to the public's understanding of the
Government's operation, so too is the identity of individuals who
are the subjects of rap sheets irrelevant to the public's
understanding of the system of law enforcement. For rap sheets
175
in the leading case interpreting Exemption 6, we held that the
statute required disclosure of summaries of Air Force Academy
disciplinary proceedings "with personal references or other
identifying information deleted."
Rose, 425 U. S., at 380.
The question in this case is whether petitioner has discharged its
burden of demonstrating that the disclosure of the contents of the
interviews with the Haitian returnees adequately served the
statutory purpose and that the release of the information
identifying the particular interviewees would constitute a clearly
unwarranted invasion of their privacy.
As we held in
Rose, the text of the exemption requires
the Court to balance "the individual's right of privacy" against
the basic policy of opening "agency action to the light of public
scrutiny," id., at 372. The District Court and the Court of Appeals
properly began their analysis by considering the significance of
the privacy interest at stake. We are persuaded, however, that
several factors, when considered together, make the privacy
interest more substantial than the Court of Appeals recognized.
First, the Court of Appeals appeared to assume that respondents
sought only the names and addresses of the interviewees. But
respondents sought-and the District Court ordered that the
Government disclose-the unredacted interview summaries. As the
Government points out, many of these summaries contain personal
details about particular interviewees.ll Thus, if the summaries are
released without the names redacted, highly personal information
regarding marital and employment status, children, living
conditions, and attempts to enter the United States would be
linked
reveal only the dry, chronological, personal history of
individuals who have had brushes with the law, and tell us nothing
about matters of substantive law enforcement policy that are
properly the subject of public concern."
Id., at 766, n.
18.
H See n. 5, supra.
176
publicly with particular, named individuals. Although disclosure
of such personal information constitutes only a
de minimis
invasion of privacy when the identities of the interviewees are
unknown, the invasion of privacy becomes significant when the
personal information is linked to particular interviewees. Cf.
id., at 380-381.
In addition, disclosure of the unredacted interview summaries
would publicly identify the interviewees as people who cooperated
with a State Department investigation of the Haitian Government's
compliance with its promise to the United States Government not to
prosecute the returnees. The Court of Appeals failed to acknowledge
the significance of this fact.12 As the State Department explains,
disclosure of the interviewees' identities could subject them or
their families to "embarrassment in their social and community
relationships." App. 43. More importantly, this group of
interviewees occupies a special status: They left their homeland in
violation of Haitian law and are protected from prosecution by
their government's assurance to the State Department. Although the
Department's monitoring program indicates that that assurance has
been fulfilled, it nevertheless remains true that the State
Department considered the danger of mistreatment sufficiently real
to necessitate that monitoring program. How significant the danger
of mistreatment may now be is, of course, impossible to
measure,
12We emphasize, however, that we are not implying that
disclosure of a list of names and other identifying information is
inherently and always a significant threat to the privacy of the
individuals on the list. Instead, we agree with the Court of
Appeals for the District of Columbia Circuit that whether
disclosure of a list of names is a "'significant or a
de
minimis threat depends upon the characteristic(s) revealed by
virtue of being on the particular list, and the consequences likely
to ensue.'''
National Assn. of Retired Federal Employees v.
Horner, 279 U. S. App. D. C. 27, 31,
879
F.2d 873, 877 (1989), cert. denied, 494 U. S. 1078 (1990). As
discussed
infra, disclosure of the interviewees' names would
be a significant invasion of their privacy because it would subject
them to possible embarrassment and retaliatory action.
177
but the privacy interest in protecting these individuals from
any retaliatory action that might result from a renewed interest in
their aborted attempts to emigrate must be given great weight.
Indeed, the very purpose of respondents' FOIA request is to attempt
to prove that such a danger is present today.
We are also persuaded that the Court of Appeals gave
insufficient weight to the fact that the interviews had been
conducted pursuant to an assurance of confidentiality. We agree
that such a promise does not necessarily prohibit disclosure, but
it has a special significance in this case. Not only is it apparent
that an interviewee who had been given such an assurance might have
been willing to discuss private matters that he or she would not
otherwise expose to the public-and therefore would regard a
subsequent interview by a third party armed with that information
as a special affront to his or her privacy-but, as discussed above,
it is also true that the risk of mistreatment gives this group of
interviewees an additional interest in assuring that their
anonymity is maintained.
Finally, we cannot overlook the fact that respondents plan to
make direct contact with the individual Haitian returnees
identified in the reports. As the Court of Appeals properly
recognized, the intent to interview the returnees magnifies the
importance of maintaining the confidentiality of their
identities.
IV
Although the interest in protecting the privacy of the redacted
information is substantial, we must still consider the importance
of the public interest in its disclosure. For unless the invasion
of privacy is "clearly unwarranted," the public interest in
disclosure must prevail. As we have repeatedly recognized, FOIA's
"basic policy of 'full agency disclosure unless information is
exempted under clearly delineated statutory language,' ... focuses
on the citizens' right to be informed about 'what their government
is up to.' Official
178
information that sheds light on an agency's performance of its
statutory duties falls squarely within that statutory purpose."
Department of Justice v.
Reporters Comm., 489 U. S.,
at 773 (quoting
Department of Air Force v.
Rose, 425
U. S., at 360-361) (internal citations omitted). Thus, the Court of
Appeals properly recognized that the public interest in knowing
whether the State Department has adequately monitored Haiti's
compliance with its promise not to prosecute returnees is
cognizable under FOIA. We are persuaded, however, that this public
interest has been adequately served by disclosure of the redacted
interview summaries and that disclosure of the unredacted documents
would therefore constitute a clearly unwarranted invasion of the
interviewees' privacy.
The unredacted portions of the documents that have already been
released to respondents inform the reader about the State
Department's performance of its duty to monitor Haitian compliance
with the promise not to prosecute the returnees. The documents
reveal how many returnees were interviewed, when the interviews
took place, the contents of individual interviews, and details
about the status of the interviewees. The addition of the redacted
identifying information would not shed any additional light on the
Government's conduct of its obligation.
The asserted public interest on which respondents rely stems not
from the disclosure of the redacted information itself, but rather
from the hope that respondents, or others, may be able to use that
information to obtain additional information outside the Government
files. The Government argues that such "derivative use" of
requested documents is entirely beyond the purpose of the statute
and that we should adopt a categorical rule entirely excluding the
interest in such use from the process of balancing the public
interest in disclosure against the interest in privacy. There is no
need to adopt such a rigid rule to decide this case, however,
179
because there is nothing in the record to suggest that a second
series of interviews with the already-interviewed returnees would
produce any relevant information that is not set forth in the
documents that have already been produced. Mere speculation about
hypothetical public benefits cannot outweigh a demonstrably
significant invasion of privacy. Accordingly, we need not address
the question whether a "derivative use" theory would ever justify
release of information about private individuals.
We are also unmoved by respondents' asserted interest in
ascertaining the veracity of the interview reports. There is not a
scintilla of evidence, either in the documents themselves or
elsewhere in the record, that tends to impugn the integrity of the
reports. We generally accord Government records and official
conduct a presumption of legitimacy. If a totally unsupported
suggestion that the interest in finding out whether Government
agents have been telling the truth justified disclosure of private
materials, Government agencies would have no defense against
requests for production of private information. What sort of
evidence of official misconduct might be sufficient to identify a
genuine public interest in disclosure is a matter that we need not
address in this case. On the record before us, we are satisfied
that the proposed invasion of the serious privacy interest of the
Haitian returnees is "clearly unwarranted."
The judgment of the Court of Appeals is
Reversed.
JUSTICE THOMAS took no part in the consideration or decision of
this case.
JUSTICE SCALIA, with whom JUSTICE KENNEDY joins, concurring in
part and concurring in the judgment.
I join the Court's judgment and its opinion except Part III.
Exemption 6 of the Freedom of Information Act (FOIA) provides that
the Act's disclosure requirements do not apply to "personnel and
medical files and similar files the disclosure
180
Opinion of SCALIA, J.
of which would constitute a clearly unwarranted invasion of
personal privacy." 5 U. S. C. § 552(b)(6). As the Court recognizes,
ante, at 175, this requires an agency to balance the
interest in personal privacy against the public interest in
disclosure.
Department of Air Force v.
Rose, 425 U. S. 352, 372
(1976). In the context of evaluating the public interest side of
the balance, the parties in this case have vigorously disputed
whether an agency must consider so-called "derivative" uses-i.
e., not only the intrinsic public value of the records, but
also, in this case, the potential that additional, publicly
valuable information may be generated by further investigative
efforts that disclosure of the records will make possible.
The majority does not, in my view, refute the persuasive
contention that consideration of derivative uses, whether to
establish a public interest or to establish an invasion of privacy,
is impermissible. Perhaps FOIA would be a more sensible law if the
Exemption applied whenever disclosure would
"cause,"
"produce," or
"lead to" a clearly unwarranted invasion
of personal privacy, see,
e. g., National Assn. of Retired Fed.
Employees v.
Horner, 279 U. S. App. D. C. 27, 32,
879 F.2d
873, 878 (1989), cert. denied, 494 U. S. 1078 (1990)-though the
practical problems in implementing such a provision would be
considerable. That is not, however, the statute Congress enacted.
Since the question under 5 U. S. C. § 552(b)(6) is whether
"disclosure" would
"constitute a clearly unwarranted
invasion of personal privacy" (emphasis added); and since we have
repeatedly held that FOIA's exemptions "'must be narrowly
construed,'"
John Doe Agency v.
John Doe Corp.,
493 U. S. 146,
152 (1989) (quoting
Rose, supra, at 361); it is unavoidable
that the focus, in assessing a claim under Exemption 6, must be
solely upon what the requested information
reveals, not upon
what it might lead to.
Arieff v.
United States Dept. of
Navy, 229 U. S. App. D. C. 430, 436,
712
F.2d 1462, 1468 (1983) (Scalia, J.). That result is in accord
with the general policy of FOIA,
181
which we referred to in
Department of Justice v.
Reporters Comm. for Freedom of Press, 489 U. S. 749, 771
(1989), that the particular purposes for which a request is made
are irrelevant.
The Court today pointedly abstains from deciding the
derivative-use issue, saying that, since the record does not
support the existence of any second-order public benefits, "we need
not address the question whether a 'derivative use' theory would
ever justify release of information about private individuals."
Ante, at 179. I am content with that. It seems to me,
however, that since derivative use on the public-benefits side, and
derivative use on the personalprivacy side must surely go together
(there is no plausible reason to allow it for the one and bar it
for the other), the Court should have been consistent in its
abstention. It should not, in the portion of its opinion discussing
the privacy interest (Part III), have discussed such matters as the
"retaliatory action that might result from a renewed interest in
[the interviewees'J aborted attempts to emigrate," and "the fact
that respondents plan to make direct contact with the individual
Haitian returnees identified in the reports."
Ante, at 177.
This speculation is unnecessary to the decision since, as the Court
notes,
ante, at 176, each of the unredacted documents
requested by respondents would disclose that a particular person
had agreed, under a pledge of confidentiality, to report to a
foreign power concerning the conduct of his own government. This is
information that a person would ordinarily not wish to be known
about himself-and thus constitutes an invasion of personal privacy.
Cf.
Department of State v.
Washington Post Co.,
456 U. S. 595
(1982). Since there is nothing on the other side of the
equation-the Court finding, quite correctly, that the public
interests here have been "adequately served by disclosure of the
redacted interview summaries,"
ante, at 178-the question
whether this invasion of privacy is "clearly unwarranted"
182
Opinion of SCALIA, J.
must be answered affirmatively and the assertion of Exemption 6
must be sustained.
I choose to believe the Court's explicit assertion that it is
not deciding the derivative-use point, despite what seem to me
contrary dicta elsewhere in the opinion.
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