AT&T Has Personal Privacy As Corporation

A&T, Inc. can have “personal privacy” as a corporation, the Third Circuit Court of Appeals found.

The court found that when the Freedom of Information Act (FOIA) exempts from disclosure records for law enforcement purposes that “could reasonably be expected to constitute an unwarranted invasion of personal privacy,” corporations were meant to be included.

AT&T argued that since FOIA defines a “person” to include a corporation, it follows that “personal privacy” must include a corporation. The court agreed, stating, “We hold that FOIA’s text unambiguously indicates that a corporation may have a ‘personal privacy’ interest within the meaning” of the exemption for law enforcement purposes.

CompTel, a trade association representing some of AT&T’s competitors had requested files from the Federal Communications Commission (FCC) relating to an investigation into potential overcharges by AT&T in a federal program called “E-Rate.” As part of the program, AT&T provided equipment and services to elementary and secondary schools and then billed the government for the cost of the equipment and services. The FCC and AT&T resolved the dispute by a consent decree.

After receiving the FOIA request, the FCC determined that a corporation lacks “personal privacy” under the FOIA exception. AT&T appealed.

The appellate court remanded the case back to the FCC for further consideration to determine if the request was “an unwarranted invasion.” The court noted that CompTel sought “official information about a Government Agency,” and thus the information “may shed light on the FCC’s administration of E-Rate” and therefore be subject to disclosure even though AT&T has “personal privacy” rights.

AT&T, Inc. v. Federal Communications Commission, Third Circuit Court of Appeals No. 08-4024, filed September 22, 2009