Kiraly v. Federal Bureau of Investigation

Although I agree with the Court’s holding protecting confidential source information from disclosure, I disagree with that portion of the Court’s opinion holding that the government may withhold a dead man’s information under the privacy exception to the Freedom of Information Act, 5 U.S.C. § 522(b)(7)(C) (1983).

Plaintiff’s request is that he be allowed access to documents concerning a dead man who testified at a state trial. A dead man retains no right to privacy after his death. Cordell v. Detective Publications, Inc., 419 F.2d 989 (6th Cir.1969) (right of privacy “lapses with the death of…