Privacy Rights Versus FOIA Disclosure Policy: The "Uses and Effects" Double Standard in Access to Personally-Identifiable Information in Government Records

Authors

Michael Hoefges, University of North Carolina at Chapel Hill
Martin E. Halstuk, Pennsylvania State University
Bill F. Chamberlin, University of Florida Levin College of LawFollow

Document Type

Article

Publication Date

12-2003

Abstract

The U.S. government maintains a vast amount of personally-identifiable information on millions of American citizens. Much of this information is contained in electronic databases maintained by federal agencies. Various Freedom of Information Act (FOIA) requesters, such as journalists, marketers, and union organizers seek this information for different purposes including investigative reporting and targeted solicitations. These kinds of uses are known as "derivative uses" because this government-compiled information is requested for purposes other than the official purposes for which the information was originally gathered. These and other derivative uses of personally-identifiable information often implicate privacy concerns. Conversely, restrictions on public access to federal agency records can pose negative public policy implications. This article explores the continuing conflict between protecting personal privacy rights and safeguarding public access rights to personally-identifiable information under FOIA.

Recommended Citation

Michael Hoefges, Martin E. Halstuk, & Bill F. Chamberlin, Privacy Rights Versus FOIA Disclosure Policy: The "Uses and Effects" Double Standard in Access to Personally-Identifiable Information in Government Records, 12 Wm. & Mary Bill Rts. J. 1 (2003).