Buzzfeed, Inc. v. U.S. Department of the Air Force

Background

Buzzfeed submitted three Freedom of Information Act (FOIA) requests to the U.S. Department of the Air Force for records concerning Air Force One tours. The requests sought information about civilians invited or scheduled to take tours, records inviting people to participate in tours, and records describing tour procedures and eligibility requirements.

The Air Force produced records but redacted names and other personally identifying information under FOIA Exemption 6, 5 U.S.C. § 552(b)(6). That exemption permits withholding personnel, medical, and similar files when disclosure would be a clearly unwarranted invasion of personal privacy. During the litigation, Buzzfeed narrowed its challenge primarily to the names of people taking or being invited to take tours and the names of people who requested tours for them. Buzzfeed later focused its disclosure request on names appearing in 29 pages of emails produced in response to its second request.

The parties filed cross-motions for summary judgment. The Air Force argued that Exemption 6 applied and that the individuals’ privacy interests outweighed the public interest in disclosure. Buzzfeed argued that the information was not covered by Exemption 6 or, alternatively, that the public interest in understanding how the government arranged Air Force One tours outweighed the individuals’ privacy interests.

Court’s Analysis

The court applied Exemption 6’s two-part analysis. First, it asked whether the information appeared in a file similar to a medical or personnel file. The court held that this requirement was satisfied because the records contained names, birthdates, citizenship information, and contact information for civilians, along with names and contact information for military and other government personnel.

Second, the court balanced the individuals’ privacy interests against the public interest in disclosure. The court found more than a minimal privacy interest because disclosure could lead to unwanted contact or harassment. It noted that Buzzfeed had already published an article identifying people it believed had taken Air Force One tours, and that the article described unwanted press contacts. The court did not accept the Air Force’s argument that the tours had no monetary or intrinsic value, but it still found a meaningful privacy interest.

The court determined that the public interest in releasing the names was relatively small. The records did not identify the people who requested the tours or any high-ranking Executive Branch officials, and they did not establish whether particular invitees actually attended. The court rejected public-interest arguments based on what the names might indirectly reveal about officials, donors, or personal connections, explaining that FOIA’s balancing focuses on what the requested information itself reveals. The court also noted that records already released showed how tours were arranged and the categories of people who could receive access through personal or official connections.

Disposition

The court granted the Air Force’s motion for summary judgment and denied Buzzfeed’s motion for summary judgment. The court held that the additional public interest in disclosing the names of specific people who took or were offered Air Force One tours did not outweigh those individuals’ privacy interests. Judge Andrew L. Carter, Jr. directed the clerk of court to close the case.