Q: Findings of hospital investigation by government. FCA federal case. Why privacy exception would be relevant?

A: In the context of a Freedom of Information Act (FOIA) request, the 5 U.S.C. Rule 552 b(6) privacy exception can be pertinent even when a relator or plaintiff is seeking information about themselves, particularly in cases involving medical records or other sensitive personal information. This exception is designed to protect personal privacy, and its application depends on whether the disclosure would constitute a clearly unwarranted invasion of personal privacy.

When a hospital is involved in a Federal Claims Act (FCA) case, and the government investigates it for potential violations, the findings often contain sensitive information, including identifiable medical data. While the government doesn't necessarily protect the hospital's privacy, it does have a duty to safeguard the privacy of individuals whose information might be disclosed in the process.

If the government cites the b(6) exception to withhold information from a relator or plaintiff, the individual has a few options. They can argue that the public interest in disclosure outweighs the privacy interests protected by the exception. This argument hinges on demonstrating that releasing the information would significantly contribute to public understanding of government operations or activities.

In addition, they can request a more tailored disclosure, where personally identifiable information of third parties is redacted but the substantive findings and facts relevant to the FCA violations are released. This approach might strike a balance between upholding privacy rights and providing the relator or plaintiff with the necessary information.

In any case, it's advisable to consult with legal counsel experienced in FOIA and FCA matters to navigate these complex legal issues and to develop a strategy tailored to the specific circumstances of the case.