Sheridan v. OPM, No. 16-805, 2017 WL 4355927 (D.D.C. Sept. 29, 2017) (Jackson, J.)

Sheridan v. OPM, No. 16-805, 2017 WL 4355927 (D.D.C. Sept. 29, 2017) (Jackson, J.)

Re:  Request for computer software used to administer background investigations to applicants for federal government jobs

Disposition:  Granting defendant's motion for summary judgment; denying plaintiff's motion for summary judgment

• Exemption 7(E):  "[T]he Court agrees with OPM that Exemption 7(E) applies to the requested records in this case[.]"  First, the court holds that "there is no dispute that the e–QIP source code and the related design and operations manuals exist to serve OPM's background-investigation function."  "Therefore, this Court has little trouble concluding that records concerning the e–QIP source code and related design and operation manuals were 'compiled for law enforcement purposes[.]'"  "The Court also agrees with OPM that the requested records 'would disclose techniques and procedures for law enforcement investigations or prosecutions[.]'"  The court explains that "[t]he affidavit further explains that '[t]he source code and related operations and design manuals created for the system serve[ ] as an architectural diagram or roadmap of e–QIP.'"  Finally, the court finds that "OPM has carried its burden of demonstrating that producing the requested records could reasonably be expected to risk circumvention of the law based on the logical possibility that applicants for federal jobs might glean information about how background investigation forms are processed and use that information to pass their background checks undeservedly."  Additionally, the court notes that "the affidavit contends that producing the e–QIP source code and related manuals could increase the risk that a malicious actor might hack into the e–QIP system and access confidential data from completed background investigation forms."
   
• Litigation Considerations "Reasonably Segregable" Requirements:  "[The] Court also agrees with OPM's contention that the FOIA entitles it to withhold the requested records in their entirety because there are no 'reasonably segregable' portions of the e–QIP source code and related manuals."  The court relates that "OPM's affidavit asserts that '[p]roviding any of the information requested would allow an individual to have a blueprint of the' e–QIP system, and that '[a]ccess to all or part of the e–QIP source code and design documents would provide an individual the roadmap to manipulate this intricate computer software when conducting personnel investigations for new and current employees.'"