Electronic Privacy Info. v. DHS, No. 14-5013 (D.C. Cir. 2015)
Annotate this CaseEPIC made a Freedom of Information Act (FOIA), 5 U.S.C. 552, request for Standard Operating Procedure 303 (SOP 303), which DHS describes as a protocol for shutting down wireless networks during critical emergencies. On appeal, DHS challenged the district court's grant of summary judgment to EPIC. The court held that the plain text of Exemption 7(F) protects law enforcement records the disclosure of which "could reasonably be expected to endanger the life or physical safety of any individual," during a critical emergency, without requiring the withholding agency to specifically identify the individuals who would be endangered. In this case, much if not all of SOP 303 is exempt from disclosure. Accordingly, the court reversed and remanded for the district court to determine whether any reasonable segregable portions of SOP 303 can be disclosed.
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