Note:
W. Alan Kailer, The Release of Private Information Under Open
Records Laws, 55 TEXAS L. REV. 911 (1977).
Abstract:
Increasing recognition of the individual’s right of privacy and
the public’s right of access to governmental information has
brought these fundamental rights into conflict. Federal and
state open records laws usually attempt to reconcile this
conflict and to protect both interest by exempting from the
general requirement of disclosure those records that would cause
an unjustified intrusion on personal privacy if revealed. In
this Note, Kailer provides a brief summary of the historical
development of the competing concepts of privacy and disclosure
and then examines two cases dealing with such an attempted
reconciliation under the Federal Freedom of Information Act and
the Texas Open Records Act. He proposes that a successful
resolution of the issue requires courts to unequivocally embrace
a test that weighs the privacy interest against the general
public interest and prohibits inquiry into the motives of
individuals seeking the release of government-held information.