Harbatkin v. New York City Dept. of Records & Info. Servs., 19 N.Y.3d 370 (2012)
Under New York’s Freedom of Information Law (FOIL), when deciding whether disclosing information constitutes an unwarranted invasion of personal privacy, courts must balance the privacy interests at stake against the public interest in disclosure, and the government cannot break a promise of confidentiality made to individuals, even after a significant period has passed.
Summary
An historian sought unredacted transcripts of interviews conducted by the New York City Board of Education during its “Anti-Communist Investigations” in the mid-20th century. The City had redacted names and identifying information, citing privacy concerns. The Court of Appeals held that while names of individuals mentioned in the transcripts (but not interviewed) should be disclosed due to the diminished privacy concerns over time, the identities of interviewees who were promised confidentiality should remain protected to uphold the government’s promise, balancing the interests of historical transparency and individual privacy. This case clarifies the application of FOIL exemptions for privacy interests in the context of historical records.
Facts
The New York City Board of Education conducted “Anti-Communist Investigations” from the 1930s to the 1960s, intensely during the 1940s and 1950s, interviewing approximately 1,100 individuals. Interviewees were promised confidentiality. An historian, whose parents were targets of these investigations, sought access to the City’s records. The City’s Department of Records and Information Services redacted names and identifying information under a rule requiring redaction unless the person or their heirs consented to disclosure. The historian rejected the City’s offer to access unredacted files if she agreed not to publish names, and filed suit to compel disclosure without redaction.
Procedural History
The Supreme Court dismissed the petition, holding that the City could redact the documents to avoid an unwarranted invasion of personal privacy. The Appellate Division affirmed. The historian appealed to the Court of Appeals as of right, arguing a constitutional issue, and also moved for permission to appeal. The Court of Appeals retained the appeal as of right but ultimately dismissed it on constitutional grounds, granted the motion for permission to appeal, and modified the Appellate Division’s order.
Issue(s)
Whether, under New York’s Freedom of Information Law (FOIL), the City’s redaction of names and identifying information from transcripts of the Board of Education’s Anti-Communist Investigations, to protect the privacy of individuals mentioned or interviewed, constitutes an unwarranted invasion of personal privacy, considering the historical context and promises of confidentiality.
Holding
No, in part and yes, in part. The redaction of names of individuals mentioned in the interviews, but not promised confidentiality, is not permissible because the privacy interest has diminished over time. Yes, the redaction of names and identifying details of interviewees who were promised confidentiality is permissible because the government must uphold its promise, even after a long period.
Court’s Reasoning
The Court applied Public Officers Law § 87 (2) (b), which allows agencies to deny access to records that would constitute an unwarranted invasion of personal privacy. Because none of the specific examples of unwarranted invasion of privacy in Public Officers Law § 89 (2) (b) applied, the Court balanced the privacy interests against the public interest in disclosure, citing Matter of New York Times Co. v City of N.Y. Fire Dept., 4 NY3d 477, 485 (2005). The Court reasoned that the privacy interests of those merely mentioned in the interviews had diminished over time because the stigma associated with being labeled a Communist had lessened. Therefore, disclosing their names would not be an unwarranted invasion of privacy. However, the Court emphasized the importance of upholding the government’s promise of confidentiality to interviewees, stating, “We find it unacceptable for the government to break that promise, even after all these years.” The Court acknowledged that the risk of harm to the interviewees or their families might be small, but the promise must be honored. The decision reflects a balancing act between historical transparency and the protection of individual privacy rights, particularly when a promise of confidentiality was made.