[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
Arizona
>>> "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?
Thanks,
Sarah Harlan
Assistant Attorney General
DLLR
State of Maryland
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