13-00000
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Administrative - Internal Use Only
15 July 1976
MEMORANDUM FOR: Office of General Counsel
ATTENTION : C/FOIA/PA
SUBJECT : Request For Opinion--FOIA (b)(6) & Privacy Act
REFERENCE : FOIA Request 76-382, copy attached
1. Mr. Weisberg has requested under the FOIA information on:
a. Dr. Martin Luther King, Jr.
b. Earl Ray
c. Other individuals involved with the assassination of Dr. King.
2. To ensure consistency in making determinations for release under both the FOIA exemptions (b)(6) and the Privacy Act, of requests such as Mr. Weisberg's, would you please state the current legal criteria to apply to these type cases. Specifically, it would be helpful to the DDO to have a clearly enunciated legal opinion regarding what, if any, privacy rights the family of a deceased individual might have vis-a-vis the deceased individual. Further, what, if any, privacy rights does a convicted felon have.
3. We are aware that each case must be judged on its own facts. Hence, we would be grateful for your opinion regarding the criteria to apply to Mr. Weisberg's request. However, a general rule applicable to the type of request also would be very useful, would expedite the processing of such requests, and would apply some consistency in the decision-making process.
Charles A. Briggs
Chief, Services Staff
Attachment: Reference
cc: Paul Haefner, OPS/ITG
Administrative - Internal Use Only