[wiaattorneys] Re: Can we release names of minors in youth programs?

  • From: "Anna Bronnenkant" <Anna.Bronnenkant@xxxxxxxx>
  • To: "Sarah Harlan" <sharlan@xxxxxxxxxxxxxxxx>, wiaattorneys@xxxxxxxxxxxxx
  • Date: Wed, 24 May 2006 15:53:39 -0700

Dear Sarah,

Sorry for the late response, you've probably already solved your problem by 
now, but just for future reference, here are some thoughts.  Bear in mind that 
all of my research is very old and you would need to update it.

You mentioned FOIA.  The federal FOIA, if that is what you are referring to, 
applies only to federal agencies, not states.  NLRB v. Robbins Tire & Rubber 
Co., 437 U.S. 214, 220-221 (1978).  Arizona has a statute stating that any 
personally identifiable information for any applicant, recipient, claimant, 
employer, client or any person involved in an adult or child protective 
services action is confidential. A.R.S. § 41-1959.  In Arizona, to the extent 
the WIA youth could be considered applicants, their personally identifiable 
information would be confidential.

There are expectation of privacy arguments, but even so Arizona courts have 
held that the release of the information would also have to be against the 
public interest to justify refusal to release. Moorehead v. Arnold, 130 Ariz. 
503, 627 P.2d 305 ( App. 1981).  You might also look at Arizona Board of 
Regents v. Phoenix Newspapers, Inc. 167 Ariz. 254, 806 P.2d 348 (1991)("While 
access and disclosure is the strong policy of the law, the law also recognizes 
that an unlimited right of inspection might lead to substantial and irreparable 
private or public harm; thus, where the countervailing interests of 
confidentiality, privacy, or the best interests of the state should be 
appropriately invoked [the state]...may refuse inspection." Id. at 257, 351.) 
That case had to do with the release of the names of applicants for the 
position of the Arizona State University presidency.

I hope this is a bit helpful.  As I said before the cites need to be checked.

Anna Bronnenkant
Assistant Attorney General

>>> "Sarah Harlan" <sharlan@xxxxxxxxxxxxxxxx> 4/21/2006 12:37 PM >>>
Dear fellow WIA attorneys,
Any input you could give would be great - we have received a freedom of 
information act request from a reporter who is requesting names of youth who 
participated in WIA youth activities in a certain local area.  The request is 
for names only.  I cannot find anything that would allow to deny the request - 
am I missing something?

Sarah Harlan
Assistant Attorney General
State of Maryland

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