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Criminal Law

St. John's University School of Law

2015

Invasion of Privacy

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A Picture Says A Thousand Words: Applying Foia's Exemption 7(C) To Mug Shots, Rebecca Rosedale Oct 2015

A Picture Says A Thousand Words: Applying Foia's Exemption 7(C) To Mug Shots, Rebecca Rosedale

St. John's Law Review

(Excerpt)

This Note argues that Exemption 7(C) of the Freedom of Information Act ("FOIA"), which exempts from disclosure information compiled for law enforcement purposes that "could reasonably be expected to constitute an unwarranted invasion of personal privacy," should be categorically applied to mug shots. Part I of this Note explores the recognition of a privacy right and the regulation of public records in the United States, with a focus on FOIA. Part II discusses the conflicting viewpoints held by the circuit courts that have decided whether or not Exemption 7(C) applies to mug shots. Each court analyzed whether a personal …