on the grounds that there is no genuine issue of material fact, because it has produced all documents responsive to plaintiff's request which are not subject to FOIA exemptions. Plaintiff challenges the failure of the FBI, just as it did the failure of the Group A defendants, to produce documents responsive to requests 1-4, namely, records related to the Bryants, Barnard, and Atwood.
The FBI refused to release any records responsive to requests 1-4, absent notarized release authorizations from the individuals, pursuant to the exemptions set forth in 5 U.S.C. § 552(b)(6) and (b)(7)(C). The claimed exemptions are designed to protect individuals from unwarranted invasions of personal privacy. "In determining the applicability of [these exemptions], the court must undertake a balancing of the public interest in disclosure on the one side and the individual's interest in privacy on the other." Fund for Constitutional Gov't v. National Archives & Records Serv., 211 U.S. App. D.C. 267, 656 F.2d 856, 862 (D.C. Cir. 1981). The burden is, of course, on the FBI to prove that the balance tips in favor of privacy and justifies the exemption. See Sims, 642 F.2d at 567-68. Although the FBI refers to this balancing test and concludes that the individuals' interest in privacy outweighs the public interest in disclosure, it fails to explain its conclusion. The FBI does not address plaintiff's assertion that the arrest and investigation of these individuals was highly publicized, or the fact that the CIA and the Secret Service released records pertaining to these individuals. Without more information from the FBI, the Court is unable to hold that there is no genuine issue of material fact and strike the balance in favor of the individuals' privacy interests. Therefore, the FBI's motion for summary judgment as to requests 1-4 must be denied.
Summary judgment is granted, however, in favor of the FBI as to request 5.
An appropriate Order accompanies this Opinion.
ORDER - December 14, 1990, Filed
Upon consideration of defendants' motion to dismiss or, in the alternative, for summary judgment, plaintiff's opposition thereto, and the entire record herein, and for the reasons set forth in the accompanying Opinion, it hereby is
ORDERED, that the complaint is dismissed as to the DEA and the CIA. Plaintiff shall have 60 days from the date of this Order within which to appeal his claims to the DEA and the CIA. It hereby further is
ORDERED, that summary judgment is granted in favor of the Secret Service. It hereby further is
ORDERED, that the motion to dismiss of the NSA, the DIA, and the Navy is denied as to plaintiff's requests 1-4. It hereby is
ORDERED, that the FBI's motion for summary judgment as to plaintiff's requests 1-4 is denied. It hereby further is
ORDERED, that summary judgment is granted in favor of the NSA, the DIA, the Navy, and the FBI, as to plaintiff's request 5. It hereby is
ORDERED, that the motion for summary judgment is denied as to the DOJ.