As discussed in yesterday’s post, the Securities and Exchange Commission has proposed that persons involved in administrative proceedings be required to submit all documents and other items electronically.  Under the SEC’s proposal, parties would be required to omit “sensitive health information” that is identifiable by individual.  The Privacy Act of 1974, however, prohibits agencies from disclosing information that is exempt from disclosure under the Freedom of Information Act.  FOIA Exemption 6 specifically and explicitly exempts from agency disclosure “medical information”.  Exemption 6 by its terms is not limited to medical information that is “sensitive”.  The SEC, moreover, fails to define “sensitive health information” or provide any standards for parties to determine whether medical information constitutes “sensitive health information”. Because disclosure of medical files (whether sensitive or not) would not advance FOIA’s objective of permitting public scrutiny of agency action, the SEC is required by the Privacy Act to withhold medical information, not simply “sensitive health information”.