Also, certain information contained in the records is exempt from disclosure pursuant to exemption (b)(7)(C) of the FOIA. This exemption provides protection for law enforcement information and records the disclosure of which could reasonably be expected to constitute an unwarranted invasion of personal privacy. Please note that exemption (b)(7)(C) is based upon the traditional recognition of the strong privacy interest in herent in law enforcement records. See, United States Departrnent of Justice v. Reporters Committee for Freedom of the Press, 489 U.S. 749 (1989). Further, the Freedom of Information Reform Act of 1986 broadened the protection afforded by exemption (b)(7)(C) by lowering the risk of harm standard from would to "could reasonably be expected to". One court, in interpreting the amended language, has pointedly observed that it affords the agency "greater latitude in protecting privacy interests in the law enforcement context". In addition, the (b)(7)(C) exemption protects investigatory information the production of which could identily third parties. See, Branch v. FBI, 658 F. Supp. 204,208 (D.D.C. 1987). Also, the court ruled in Nix v. United States, 572 F. 2d 290(1978), that the names of law enforcement personnel were properly exempt from disclosure as public identification of such personnel would subject them to the possibility of harassment in the conduct of their official duties and in their personal lives. This information was, therefore, properly excluded.

With regard to your request made in your initial request letter of October 8,1999, it is well settled law that a requester is not entitled to an index of the relevant records, during the adminisative process. See, e.g. Schaake v. IRS, No.91- 958, slip op at 7-8 (S.D. III, June 3, 1992). Furthermore, courts generally do not require submission of a Vaughn Index prior to the time at which a dispositive motion is filed. Efforts to compel the preparation of Vaughn Indexes prior to the filing of an agency's dispositive motion are typically denied as premature. See, Miscavigie v. IRS, 2F . 3d . 366, 368 (11th Cir. 1993). We trust that the release of documents anticipates this request.

Please be advised that you may obtain judicial review of this decision pursuant to the provisions of 5 U.S.C. 552(a)(4)(B) in the United States District Court in the district in which you reside or have a principal place of business, or in which the agency records are situated, or in the United States District Court for the District of Columbia.

Enclosures