United States Third Circuit

Petition for review of a decision rejecting AT&T's claim that the FCC could not lawfully release documents pursuant to the Freedom Of Information Act (FOIA) obtained during the course of an investigation into an alleged overcharging, on the ground that disclosure would likely invade the company's "personal privacy", is granted as the FOIA's text unambiguously indicated that a corporation may have a "personal privacy" interest within the meaning of Exemption 7(C). Thus, the matter is remanded to the FCC with instructions to determine, in accordance with the court's construction of Exemption 7(C), whether disclosure could reasonably be expected to constitute an unwarranted invasion of personal privacy section 553(b)(7)(c).

Appellate Information

• Argued 03/13/2009
• Decided 09/22/2009
• Published 09/22/2009

Judges

• Before FUENTES, CHAGARES, and TASHIMA, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Colin S. Stretch (argued), Kelly P. Dunbar, Kellogg, Huber, Hansen, Todd, Evans & Figel, Washington, DC, for Petitioner., Mary C. Albert, CompTel, Washington, DC, for Intervenor.


• For Appellees:
  
• Michael A. Krasnow (argued), Federal Communications Commission, Washington, DC, Catherine G. O'Sullivan, Robert J. Wiggers, United States Department of Justice, Antitrust Division, Appellate Section, Washington, DC, for Respondent.