FOIA Appeal: SF-171 Info.\--Not Job Related

Legal Opinion: GMP-0036

Index: 7.362, 7.560

Subject: FOIA Appeal: SF-171 Info.\--Not Job Related

January 13, 1992

Mr. Juan Hernandez

13939 Flairwood

San Antonio, Texas 78233

Dear Mr. Hernandez:

This is in response to your Freedom of Information Act

(FOIA) appeal dated May 5, 1991, of a denial of information by

HUD\'s Fort Worth Regional Office. Mr. James C. Farrington,

Personnel Officer, withheld certain information under Exemption 6

of the FOIA from the SF-171, Application for Federal Employment,

of the selected applicant for Vacancy Announcement No. 06-MSS-91-

0001z, Resident Initiatives Coordinator, GS-1101-12.

Ms. Deborah J. Burton, Chief Steward, AFGE Local 3320, filed

an appeal on your behalf on May 5, 1991 for this information. I

affirmed the initial denial in my administrative decision to

Ms. Burton on July 24, 1991. After careful consideration of your

appeal, I have determined to reaffirm my decision in that appeal

to withhold the deleted information from the SF-171.

Exemption 6 of the FOIA, 5 U.S.C. 552(b)(6), authorizes the

withholding of information contained in \"personnel and medical

files and similar files the disclosure of which would constitute

a clearly unwarranted invasion of personal privacy.\" Whether

disclosure would constitute a \"clearly unwarranted\" invasion of

personal privacy is determined by balancing the public\'s interest

in the release of the information against the privacy interests

of the individual. Wine Hobby USA, Inc. v. U.S. Internal Revenue

Service, 502 F.2d 133 (3rd Cir. 1974).

Under Office of Personnel Management regulations, federal

employees\' names, present and past position titles, grades,

salaries and duty stations are releasable to the public as no

viable privacy interest exists in such information. See

5 C.F.R. 293.311 (1988). Further, it is the policy of the

Department of Justice to release additional information,

particularly pertaining to the professional qualifications of

federal employees. Such information includes post-graduate or

technical education in preparation for the employee\'s profession,

prior government employment and private sector employment

relating to an employee\'s duties. See Department of Justice,

Office of Information and Privacy, FOIA Update, Vol. III, No. 4

2

(Sept. 1982), p.3.1

The appropriate test for determining whether information

from an SF-171 should be disclosed under case law and the

Department of Justice guidelines is whether the information

directly pertains to the qualifications for federal employment.

I cannot agree with your formulation that all information

contained in an SF-171 is relevant to the conditions of

employment, leading to the disclosure of the entire SF-171 in all

cases.

Items 12, 14, 16, and 17(D) and (E) of the SF-171 were

withheld as a viable privacy interest exists in such information.

The Fort Worth Office did release information under Item 17 on

the applicant\'s three most recent jobs, which were relevant to

the qualifications for the positions, and withheld information on

the applicant\'s first two jobs, which were not relevant for the

position for which the applicant was selected.

The information you seek is contained in a HUD Privacy Act

Systems of Records entitled \"General Personnel Records,\"

OPM/GOVT.-1, which includes Federal employees\' official personnel

records. See 55 F.R. 3838 (February 5, 1990). Since the

information is included in a system of records and can be

withheld under Exemption 6 of the FOIA, then under HUD\'s

regulations at 24 C.F.R. 16.1(e)(3), the Privacy Act governs the

public interest determination and compels the withholding of the

information.

You have the right to judicial review of this determination

under 5 U.S.C. Section 552(a)(4).

Very sincerely yours,

Shelley A. Longmuir

Deputy General Counsel

cc: Yvette Magruder

William Daley

1In addition, the guidelines state that a federal employee\'s

home address and telephone number, medical records, prior

employment not related to the employee\'s occupation, and primary,

secondary and college education should be withheld. Id.