Are records of federal employment background investigations “investigatory records compiled for law enforcement purposes” under Exemption 7?
Yes. Background investigations are regularly conducted to determine whether an applicant for federal employment has “engaged in criminal activity or [is] otherwise unfit for government service.” DeFina v. FAA, Civil No. 75-1526, slip op. at 16 (S.D.N.Y. Feb. 26, 1976). The courts have regarded the records generated in connection with such investigations as satisfying the threshold requirement of Exemption 7. See, e.g., Block v. FBI, Civil No. 83-0813, slip op. at 14-15 (D.D.C. Nov. 19, 1984); Meeropol v. Smith, Civil No. 75-1121, slip op. at 78 (D.D.C. Feb. 29, 1984) (appeal pending); Koch v. Department of Justice, 376 F. Supp. 313, 315 (D.D.C. 1974); cf. Nagel v. HEW, 725 F.2d 1438, 1441 (D.C. Cir. 1984) (employer’s determination concerning disciplining of federal employees constitutes “an authorized law enforcement activity” within meaning of subsection (e)(7) of Privacy Act of 1974). A related issue is whether confidential sources mentioned in such records qualify for protection und
Related Questions
- Are records of federal employment background investigations "investigatory records compiled for law enforcement purposes" under Exemption 7?
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