Court: No personal privacy for business in FOIA

Washington Post ^ | March 1, 2011 | Mark Sherman

[Hawk720]

WASHINGTON -- The Supreme Court ruled Tuesday that corporations have no right of personal privacy to prevent the disclosure of documents under the federal Freedom of Information Act.

Chief Justice John Roberts wrote the 8-0 opinion Tuesday that reversed an appeals court ruling in favor of AT&T. The outcome was notable for its unanimity, especially in view of recent criticism from liberal interest groups that the court tilts too far in favor of business.

"The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations," Roberts wrote. "We trust that AT&T will not take it personally."

At issue is information gathered by the Federal Communications Commission during an investigation of AT&T's participation in the federal E-Rate program, which helps schools and libraries get Internet access. In December 2004, The telecommunications giant paid $500,000, but admitted no wrongdoing, to resolve allegations that it overcharged the government.

Several months later, COMPTEL, a trade group representing some AT&T competitors, sought documents that the FCC obtained in its investigation. AT&T said all the information should remain secret.

The federal appeals court in Philadelphia agreed with AT&T, but not a single justice did.

[henkster]

The Chinese are going to get pretty good at FOIA requests, particularly for filings with the patent office and regulatory agencies.

[Huck]

Opinion here

http://www.supremecourt.gov/opinions/10pdf/09-1279.pdf

[Alberta's Child]

Maybe so, but there's a very clear point under the law that the appeals court (whose ruling was overturned in this decision) apparently overlooked.

"The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations," Roberts wrote. "We trust that AT&T will not take it personally."

Justice Roberts is absolutely right about this. If a corporation that deals with a public agency wants to make a legal case that some of its information should not be subject to public scrutiny under the Freedom of Information Act (FOIA), it must demonstrate that the disclosure of the information would cause irreparable harm or monetary damages. The mere fact that they deem it "private" isn't good enough, for the simple reason that the corporation isn't subject to any kind of legal protection for personal privacy as a matter of course.