Elec. Privacy Info. Ctr. v. DEA, No. 15-00667, 2016 WL 4769324 (D.D.C. Sept. 13, 2016) (Cooper, J.)

Date: 
Tuesday, September 13, 2016

Elec. Privacy Info. Ctr. v. DEA, No. 15-00667, 2016 WL 4769324 (D.D.C. Sept. 13, 2016) (Cooper, J.)

Re: Request for privacy assessments addressing how technology designed to collect identifiable personal information will affect citizens' civil liberties and privacy

Disposition: Granting in part and denying in part defendant's motion for summary judgment; denying in part and reserving judgment in part plaintiff's cross-motion for summary judgment, directing DEA to conduct a limited additional search

  • Litigation Considerations, Adequacy of Search: "[T]he Court finds that the DEA undertook a good-faith, initial search that was reasonably calculated to uncover responsive records." "The affidavits offered by the DEA explain and justify where, why, and how the agency searched its files." "Neither FOIA nor this Court demands more of it." However, the court also finds that "letters [which plaintiff provided to defendant and which indicate that there may be missing records] provide a 'lead' that [defendant] failed to reasonably follow." "Thus, the Court finds that [plaintiff] has raised a substantial doubt as to the sufficiency of the DEA's supplemental search[.]" "It will therefore order the agency either to conduct a supplemental search consistent with this opinion or explain in a supplemental declaration why such a search would not be likely to uncover the remaining records in question."
Topic: 
Adequacy of Search
District Court
Litigation Considerations
Updated January 19, 2017