http://www.latimes.com/business/la-fi-court-corporations-20110302,0,2806698.
story

 

Corporations don't have 'personal privacy' rights, Supreme Court rules

AT&T had fought the release of FCC documents based on a law that shields
records which might result in an invasion of privacy. An appellate court
sided with AT&T, but the Supreme Court did not.

By David G. Savage, Los Angeles Times 

March 2, 2011

Reporting from Washington - 

Corporations do not have a right to "personal privacy," the Supreme Court
ruled unanimously, at least when it comes to the Freedom of Information Act
and the release of documents held by the government.

Last year's ruling giving companies a free-speech right to spend money on
campaign ads prompted liberal critics to say the court's conservatives were
biased in favor of corporate rights.

While not alluding to the criticism, Chief Justice
<http://www.latimes.com/topic/crime-law-justice/justice-system/john-g.-rober
ts-jr.-PEPLT00008040.topic> John G. Roberts Jr. took a scalpel to a
corporate-rights claim from AT&T Inc. that its "personal privacy" deserves
to be protected. The ordinary meaning of "personal" does not refer to an
impersonal company, he said.

"We do not usually speak of personal characteristics, personal effects,
personal correspondence, personal influence or personal tragedy as referring
to corporations or other artificial entities," he wrote. "In fact, we often
use the word 'personal' to mean precisely the opposite of business-related:
We speak of personal expenses and business expenses, personal life and work
life, personal opinion and a company's view."

The decision means the Federal Communications Commission may release
documents that were compiled during an investigation in 2004 over whether
AT&T had overcharged schools and libraries for use of the Internet. The
company paid a $500,000 settlement.

When some of its competitors sought release of the documents through the
Freedom of Information Act, AT&T objected. It cited an exception in the law
that shields law enforcement records which might result in an "unwarranted
invasion of personal privacy."

AT&T won a ruling based on that provision from the U.S. 3rd Circuit Court of
Appeals in
<http://www.latimes.com/topic/us/pennsylvania/philadelphia-county/philadelph
ia-%28philadelphia-pennsylvania%29-PLGEO100101023010000.topic> Philadelphia.
Its judges noted one part of the law defines "person" to include not just an
individual but also a "partnership, association or corporation."

Then U.S. Solicitor Gen.
<http://www.latimes.com/topic/politics/government/elena-kagan-PEPLT000007596
.topic> Elena Kagan appealed the issue to the Supreme Court. She said the
Freedom of Information Act had never been interpreted to protect the
"personal privacy" of companies. 

All the justices agreed in FCC v. AT&T, with the exception of Kagan, who did
not participate. "We trust that AT&T will not take it personally," Roberts
said in a parting comment.

 



[Non-text portions of this message have been removed]



------------------------------------

--------------------------
Want to discuss this topic?  Head on over to our discussion list, 
[email protected].
--------------------------
Brooks Isoldi, editor
[email protected]

http://www.intellnet.org

  Post message: [email protected]
  Subscribe:    [email protected]
  Unsubscribe:  [email protected]


*** FAIR USE NOTICE. This message contains copyrighted material whose use has 
not been specifically authorized by the copyright owner. OSINT, as a part of 
The Intelligence Network, is making it available without profit to OSINT 
YahooGroups members who have expressed a prior interest in receiving the 
included information in their efforts to advance the understanding of 
intelligence and law enforcement organizations, their activities, methods, 
techniques, human rights, civil liberties, social justice and other 
intelligence related issues, for non-profit research and educational purposes 
only. We believe that this constitutes a 'fair use' of the copyrighted material 
as provided for in section 107 of the U.S. Copyright Law. If you wish to use 
this copyrighted material for purposes of your own that go beyond 'fair use,' 
you must obtain permission from the copyright owner.
For more information go to:
http://www.law.cornell.edu/uscode/17/107.shtmlYahoo! Groups Links

<*> To visit your group on the web, go to:
    http://groups.yahoo.com/group/osint/

<*> Your email settings:
    Individual Email | Traditional

<*> To change settings online go to:
    http://groups.yahoo.com/group/osint/join
    (Yahoo! ID required)

<*> To change settings via email:
    [email protected] 
    [email protected]

<*> To unsubscribe from this group, send an email to:
    [email protected]

<*> Your use of Yahoo! Groups is subject to:
    http://docs.yahoo.com/info/terms/

Reply via email to