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October 17, 2007

Names, Salaries and Positions of Employees Ruled Withholdable

Chief Judge Norman Mordue of the Northern District of New York has ruled that the Office of Personnel Management can withhold the names of salaries and positions of more than 900,000 federal employees on a request made by the Transactional Records Clearinghouse.

Judge Mordue determined the privacy rights of the employees could be compromised by release of the information and that the release of certain information could compromise national security.  The extraordinary thing about this ruling is that this is the type of information about federal employees that has traditionally been released pursuant to the FOIA since it began.

According to this Associate Press Article, the case is still open and the order is therefore, not yet appealable.  The article points out that there are a number of critics of this decision.

Stay tuned, this one could get very interesting.

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