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DEPARTMENT OF STATE v. RAY Opinion of the Court
The District Court found that any invasion of privacy from the “mere act of disclosure of names and addresses would be de minimis and little more than speculation” and was clearly outweighed by the public interest in the “safe relocation of returned Haitians.” Ray v. United States Department of Justice, 725 F. Supp. 502, 505 (SD Fla. 1989). It therefore ordered the Department to produce the redacted information. The Court of Appeals affirmed. Ray v. United States Department of Justice, 908 F. 2d 1549 (CA11 1990). For two reasons, however, it disagreed with the District Court’s “de minimis” characterization of the privacy interest at stake. First, it noted that respondents wanted the redacted information in order to enable them to contact the interviewees directly and to question them about their treatment by the Haitian Government. Id., at 1554. Second, the Court recognized that “the returnees were promised confidentiality before they talked with U. S. government officials.” Ibid. Thus, the Court of Appeals began its balancing process “by acknowledging that there are significant privacy interests at stake.” Ibid. It nevertheless concluded that those interests were outweighed by the public interest in learning whether the Government is “adequately monitoring Haiti’s compliance with its obligation not to persecute returnees” and “is honest to the public” when its officials express the opinion that Haiti is adhering to that obligation. Id., at 1555. The court recognized that the redacted information would not, in and of itself, tell respondents anything about States. He cannot find a job here and said that he would like to travel. The twelve days spent on board the S/V Sainte Marie were difficult, he admitted, but he is willing to take another chance. emphatically said that he had had no problems from Haitian officials since his return. He has been assisted twice by the Red Cross with food and money grants totalling $50.” Attachment 2 to Declaration of John Eaves, Acting Deputy Director of the Office of Mandatory Review of the Classification and Declassification Center of the Department of State 5.
