Individual Privacy Versus Public Access: An Analysis of the Six Factors Courts Use to Balance These Two Competing Social Interests,
Law Division,
Association for Education in Journalism and Mass Communication,
Miami: August 2002


   The paper is my analysis of more than 400 federal and state judicial opinions in which I identified and explained six factors that courts use to decide whether individual privacy or public access to government-held records is paramount. I also identified a number of problems with the way courts resolve this conflict and made a number of recommendations that I believe, if accepted by legislators and courts, would better protect informational privacy while emphasizing the fullest responsible disclosure of government information.



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