Benefits of disclosure must be considered in records requests
Article Abstract:
The US Court of Appeals for the DC Circuit modified the balancing test used in Freedom of Information Act requests dealing with living individuals. The balancing test requires that federal agencies weigh the public and private interests affected by each request. However, in Lepelletier v. FDIC, the Court held that agencies must consider the benefits the individuals might derive from disclosure when identifying the affected private interests.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1999
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Driver's Privacy Protection Act again ruled unconstitutional: four federal circuits evenly split on legality of law limiting release of records
Article Abstract:
The US 11th Circuit Court of Appeals ruled in Pryor v. Reno that the Driver's Privacy Protection Act, which limits the release of motor vehicle records to the public, was unconstitutional because it violated state sovereignty. The court held that requiring the states to administer a federal program violates the Tenth Amendment to the Constitution. Congress may subject the states to generally applicable laws, but cannot regulate a state's control of its own property. The US 4th Circuit has made a similar ruling, while the 7th and 10th Circuits have upheld the law.
Publication Name: News Media & the Law
Subject: Literature/writing
ISSN: 0149-0737
Year: 1999
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