Thursday, April 18, 2013

FOIA Mugshot Case Law

Original Article


FOIA and Mugshot case law disagrees with what the mugshots websites, such as Mugshots​.com and BustedMugshot​.com, tell you about obtaining information under the Freedom Of Information Act. Under Federal FOIA and mugshot case law mugshots are exempt from disclosure. Below is a list of federal cases involving FOIA and mugshot case law as well as privacy considerations involved with disclosure of mugshots. An individual has a right to privacy under FOIA and mugshot case law. Websites such as Mugshots​.com and BustedMugshots​.com are not telling the people the truth about the law. By deceiving people about the law, Mugshots​.com and BustedMugshots​.com clearly indicate that they lack truthfulness and integrity in the conduct of those websites. Mugshots​.com and BustedMugshots​.com are lying to the people. Mugshots​.com and BustedMugshots​.com are operating outside of the boundaries of federal case law.

Supreme Court Decisions
FCC v. AT&T, Inc., 131 S. Ct. 1177 (U.S. Mar. 1, 2011) (Roberts, C.J.). The Supreme Court holds that “the protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations.” The Court rejects the Third Circuit’s finding that “Exemption 7© extends to the ‘personal privacy’ of corporations, since ‘the root from which the statutory word [personal] … is derived’ is the defined term ‘person.’” The Court notes that while the word “‘[p]erson’ is a defined term in the statute; ‘personal’ is not” and “[w]hen a statute does not define a term, we typically ‘give the phrase its ordinary meaning.’” The Court finds that in common usage the term “‘[p]ersonal’ ordinarily refers to individuals” and that the word is not used to “refer[] to corporations or other artificial entities.” The Court finds that the dictionary definition, the statutory language, as well as the legal usage of the term do not support extending the use of the word “personal” to reference corporations.

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