Can Exemption 7 be invoked for information not initially compiled for law enforcement purposes?
Yes, if the information is subsequently compiled into a legitimate law enforcement file. When records not initially compiled for law enforcement purposes “become an important part of the record compiled . . . for an ongoing investigation,” Exemption 7 becomes applicable. Fedders Corp. v. FTC, 494 F. Supp. 325, 328 (S.D.N.Y.), aff’d mem., 646 F.2d 560 (2d Cir. 1980). In Lesar v. United States Department of Justice, 636 F.2d 472, 487 (D.C. Cir. 1980), for example, the D.C. Circuit held that even if certain FBI information gathered on Dr. Martin Luther King arguably was not initially compiled for legitimate law enforcement purposes, it nevertheless fell within Exemption 7 when subsequently compiled into an unquestionably proper law enforcement file. See also, e.g., Cohen v. EPA, 575 F. Supp. 425, 427 (D.D.C. 1983). Indeed, to exclude such information from Exemption 7 coverage “would exalt form over substance.” Fedders Corp. v. FTC, 494 F. Supp. at 328. Cf. FBI v. Abramson, 456 U.S. 615, 6
Related Questions
- Are records of federal employment background investigations "investigatory records compiled for law enforcement purposes" under Exemption 7?
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- Are law enforcement officers "officers" for purposes of the dual officeholding prohibition?
