Electronic Privacy Information Center v. United States Department of Homeland Security

Plaintiff's Motion For Reconsideration Based on Intervening Change In Controlling Law

EPIC Urges Court to Order Release of 2,000 Airport Body Scanner Images

EPIC asked a federal court in Washington, DC to reconsider its earlier decision allowing the Department of Homeland Security to keep secret 2,000 airport body scanner images in EPIC's Freedom of Information Act lawsuit. The Court relied on a legal theory in its decision, "Exemption High b(2)," that was recently struck down by the Supreme Court in Navy v. Milner. In Milner, the Court held that FOIA exemption 2 only applies to records concerning employee relations and human resources issues. Milner overturns previous lower court decisions that applied the exemption to broader categories of records, allowing federal agencies to block disclosure of documents to the public. EPIC argues in its motion that the Department of Homeland Security is unlawfully withholding information about the airport scanners from the public.

Please see full Motion below for more information.

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Reference Info:Federal, D.C. Circuit, Federal Admin Agencies | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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