FOIA Appeal: Single Family Insured Mortgagor Info.

Legal Opinion: GMP-0030

Index: 7.360, 7.465

Subject: FOIA Appeal: Single Family Insured Mortgagor Info.

December 9, 1991

Mr. Chris Carruth

4234 Chateau Blvd.

Kenner, Louisiana 70065

Dear Mr. Carruth:

This is in response to your Freedom of Information Act

(FOIA) appeal dated September 17, 1991. You requested a list of

single family loans insured by the HUD New Orleans Field Office

for the months of May, June, and July, 1989, including the loan

amounts, addresses, interest rates and terms. On February 20,

1990 the New Orleans Office advised you that this information was

not available in their office. In response to an inquiry dated

July 10, 1991 from Senator Breaux on your behalf, Robert J.

Vasquez, Manager, New Orleans Office, advised Senator Breaux on

August 23, 1991 that the information could not be disclosed under

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

I have determined to affirm the initial denial.

Exemption 6 protects information in medical, personnel and

similar files. In determining whether information can be

withheld within Exemption 6, the public interest purpose for

disclosure of personal information must be balanced against the

potential invasion of privacy. Wine Hobby, USA, Inc., v. U.S.

Internal Revenue Service, 502 F.2d 133 (3rd Cir. 1974); Southern

Utah Wilderness Alliance, Inc. v. Hodel, 680 F. Supp. 37, 38

(D.D.C. 1988).

United States Department of Justice v. Reporters Committee

for Freedom of the Press, 489 U.S. 749 (1989) (hereinafter

\"Reporters Committee\") establishes a framework for analyzing the

public interest under Exemptions 6 and 7(C) by establishing that

only the furtherance of FOIA\'s core purpose of informing citizens

about \"what their government is up to\" can warrant the release of

information implicating individual privacy interests. Reporters

Committee, 489 U.S. at 772-73.

Your letter indicates that you want release of the

information to give the mortgagors an opportunity to refinance

their high interest mortgage rates. Since your stated reason for

disclosure of the information is purely for commercial purposes,

this basis provides an insufficient \"public interest\" supporting

reversal of the agency\'s initial decision. Also see Aronson v.

HUD, 822 F.2d 182, 185-86 (1st Cir. 1987) (Plaintiff\'s

\"commercial motivations are irrelevant for determining the public

interest served by disclosure. . .\") (emphasis in original).

The information you have requested is also contained in the

Department\'s Privacy Act System of Records (HUD/Dept. 46-Single

Family Case Files, Federal Register Privacy Act Issuance: 1987

Compilation). Therefore, the records are also withholdable under

the Privacy Act at 5 U.S.C. 552a(b) and the Department\'s

regulations at 24 C.F.R. 16.1(e)(3), which safeguard the release

of privacy information without the express written consent of the

person(s) involved. These provisions preclude the release of

personal identifier information such as name and social security

numbers.

On the basis of the reasons provided herein, this Office has

determined that the information you requested is protected from

disclosure under the Privacy Act and Exemption 6 of the FOIA.

You have the right to judicial review of this determination

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

Very sincerely yours,

Shelley A. Longmuir

Deputy General Counsel

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