National Archives and Records Administration v. Favish

Summary

Justice Kennedy delivered the unanimous opinion holding that FOIA Exemption 7(C) protects surviving family members’ own privacy interests in their close relative’s death-scene photographs. When those privacy interests are implicated, a requester must identify a significant public interest and show that disclosure is likely to advance it. A requester asserting governmental misconduct must produce evidence that would warrant a reasonable person’s belief that the alleged impropriety might have occurred; bare suspicion is insufficient. Because Favish failed to make that showing, the Court reversed and remanded with instructions to grant the Office of Independent Counsel summary judgment concerning the four disputed photographs. There were no separate opinions.