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HENKE v. U.S. DEPT. OF COMMERCE

No. 95-5181.

83 F.3d 1445 (1996)

Wanda HENKE and Robert Henke, Appellants, v. UNITED STATES DEPARTMENT OF COMMERCE and National Science Foundation, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 17, 1996.

Attorney(s) appearing for the Case

Eric R. Glitzenstein, Washington D.C., argued the cause, for appellants. Katherine A. Meyer was on brief.

Wendy M. Keats, Attorney, United States Department of Justice, Washington D.C., argued the cause, for appellees. Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., United States Attorney, and Leonard Schaitman, Attorney, United States Department of Justice, were on brief.

Before: WALD, GINSBURG and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

At issue in this Privacy Act case is the decision of the National Science Foundation (NSF) not to identify who among twelve peer reviewers prepared written evaluations of an ultimately unsuccessful research grant proposal. NSF withheld their names pursuant to Privacy Act exemption (k)(5) which protects the identity of a source who, under an express promise of confidentiality...

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