crew, which "reveal[ed] the sound and inflection of the crew's voices during the last seconds of their lives . If no privacy interest is found, further analysis is unnecessary and the information at issue must be disclosed. July 14, 1994) ("The fact of [requester's former counsel's] representation is a matter of public record . case involved FOIA requests from members of the news media for access to any criminal history records -- known as "rap sheets" -- maintained by the FBI regarding certain persons alleged to have been involved in organized crime and improper dealings with a corrupt Congressman. In holding "rap sheets" entitled to protection under Exemption 7(C), the Supreme Court set forth five guiding principles that govern the process by which determinations are made under both Exemptions 6 and 7(C) alike: First, the Supreme Court made clear in that substantial privacy interests can exist in personal information even though the information has been made available to the general public at some place and point in time. Establishing a "practical obscurity" standard, Second, the Court articulated the general rule that the identity of a FOIA requester cannot be taken into consideration in determining what should be released under the Act. And one court has found that the subject of a photograph introduced into the court record "retained at least some privacy interest in preventing the further dissemination of the photographic image" when "[t]he photocopy in the Court record was of such poor quality as to severely limit its dissemination." As another example, FOIA requesters, except when they are making first-party requests, do not ordinarily expect that their names will be kept private; therefore, release of their names would not cause even the minimal invasion of privacy necessary to trigger the balancing test.
This means that any consideration of potential privacy invasions must include both what the requester might do with the information at hand and also what any other requester, or ultimate recipient, might do with it as well.
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