Department of Defense v. FLRA, 510 U.S. 487, 2 (1994)

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488

DEPARTMENT OF DEFENSE v. FLRA

Syllabus

invasion of privacy is warranted cannot turn on the purposes for which the information request is made. Pp. 492-496. (b) These principles are easily applied to this case. The relevant public interest supporting disclosure is negligible, at best. Disclosure of the addresses would not appreciably further the citizens' right to be informed about what their Government is up to and, indeed, would reveal little or nothing about the employing agencies or their activities. Respondents' argument that, because the unions' requests were made under the Labor Statute rather than directly under FOIA, the Labor Statute's explicit policy considerations should be imported into the FOIA balancing analysis, is rejected. In this case, the Privacy Act bars disclosure unless it would be required under FOIA. The Labor Statute's terms do not amend FOIA's disclosure requirements or grant information requesters under the Labor Statute special status for purposes of FOIA. Therefore, because all FOIA requesters have an equal and equally qualified right to information, the fact that respondents are seeking to vindicate the policies behind the Labor Statute is irrelevant to the FOIA analysis. The negligible FOIA-related public interest in disclosure is substantially outweighed by the employees' privacy interest in nondisclosure. For the most part, the unions seek to obtain non-union employees' addresses. Whatever the reason that these employees have chosen not to become union members or to provide the unions with their addresses, it is clear that they have some nontrivial privacy interest in nondisclosure, and in avoiding the influx of union-related mail, and, perhaps, union-related telephone calls or visits, that would follow disclosure. Because the privacy interest outweighs the relevant public interest, FOIA Exemption 6 applies. FOIA thus does not require petitioners to disclose the addresses, and the Privacy Act prohibits their release. Pp. 497-502. (c) Rather than thwart the collective-bargaining policies embodied in the Labor Statute, the Court does no more than give effect to the clear words of the provisions construed, including the Labor Statute. Not presented, and therefore not addressed, is respondents' concern that this ruling will allow agencies to refuse to provide unions with other employee records that they need in order to perform their duties as exclusive bargaining representatives. Finally, to the extent that the terms of the Privacy Act leave public sector unions in a position different from that of their private sector counterparts, which assertedly are entitled to receive employee home addresses under the National Labor Relations Act, Congress may correct the disparity. Pp. 502-504.

975 F. 2d 1105, reversed.

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