Information requested from a government agency through a local public records request or the federal Freedom of Information Act (FOIA), may be considered private, personally identifiable information (PII) or privileged. These designations can apply in an ongoing investigation when personal information about an individual is disclosed.  And, in some cases, these designations can be appealed.

What Is Private and Privileged Information?

Private information considered personal in nature can be designated as PII. This can include medical records, financial information, or personal correspondence. Private information is typically exempt from public disclosure laws meaning, government agencies are not required to release such data in a public records request.

Privileged information is not subject to disclosure under the law. Examples of this can include attorney-client privilege, work product, matters of national security, or data related to an ongoing criminal investigation. Privileged information is typically exempt from public disclosure laws, which again, means government agencies are not required to release it in response to a public records request.

If the data requested contains private, privileged information, it may be redacted before being released to a requesting party to prevent the disclosure of national security information, for example.