June 17, 1994
Memorandum

To:		Bureau and Office FOIA Officers

From:           Alexandra Mallus /s/
		Departmental FOIA Officer
		Office of Administrative Services (PMO)

Subject:	Processing FOIA Requests for Names and Home Addresses 		

Last year, the Department was named as a defendant in three lawsuits 
pertaining to requests for the names and home addresses of individuals.  
Defending two of these cases was made more difficult because of inconsistent 
treatment of similar or identical information within the Department.  In one 
of these lawsuits, one bureau withheld the requested information while two 
others released it in response to similar requests from the plaintiff.  Also, 
in connection with this case, it came to our attention that, even within one 
bureau, two offices responded inconsistently to similar requests for the same 
type of information.  In the other lawsuit, two bureaus treated similar 
requests from the same requester inconsistently.

As you are aware, the FOIA Handbook discusses the types of information that 
may be withheld under exemption (6), including mailing lists (383 DM 15, 
Chapter 5.4F(7)(e)).  Pursuant to the guidance of the courts, the Department 
maintains that an individual has a personal privacy interest in his/her name 
and home address.  Accordingly, the names and home addresses of individuals 
are eligible for protection under exemption (6) if:
				
		(1)	There is no public interest qualifying under the 
standard set forth in United States Department of Justice v. Reporters 
Committee for Freedom of the Press, 489 U.S. 749 (1989) and Department 
of Defense v. Federal Labor Relations Authority, 62 U.S.L.W. 4143 (U.S. 
February 23, 1994).  Release of the actual names and addresses themselves 
would have to shed light on the agency's performance of its statutory duties 
to meet this test; or

		(2)  There is a public interest under exemption (6), but the 
public interest in disclosure does not outweigh the potential harm to an 
individual's personal privacy when the required balancing test is performed 
(383 DM 15, Chapter 5.4F(3)).

However, the names and addresses of any organization or business entities, 
and individuals listed only in their capacity as representatives or officials 
of organizations or businesses, are not protected under exemption (6) and, 
therefore, must be released.  

Because of the problems the Department has experienced in the past, responses 
to requests for names and home addresses should be coordinated with the 
designated FOIA attorney for that particular bureau or office (383 DM 15, 
Chapter 3.16D) and processed in accordance with the policies and procedures in 
383 DM 15 and Administrative Services Letter No. 64 of 
February 3, 1994.

Please ensure that all employees are advised of the guidance contained in 
this memorandum.  This will ensure that uniform responses are provided and 
protect the Department's position in the event of litigation.  It also will 
ensure that the privacy of the subject individuals is protected. 

If you have additional questions regarding this matter, please contact me at 
(202) 208-5342 or your designated FOIA attorney.
We appreciate your assistance and cooperation in this matter.

cc:	Bob Moll, SOL-GL
         Mary Ellen Keck, PMO
	Bill Wolf, PMO	
	Designated FOIA Attorneys