| Judge Scheindlin Withdraws Opinion Holding Metadata Producible Under FOIA |
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On June 17, 2011, 2011, Judge Scheindlin withdrew her opinion in National Day Laborer Organizing Network v. United States Immigration and Customs Enforcement Agency, 2011 WL 381625 (S.D.N.Y. 2011) which held that certain metadata is an integral or intrinsic part of an electronic record and where it is maintained by an agency, it is presumptively reproducible under FOIA unless the agency demonstrates it is not readily reproducible. As a reason for doing so, Judge Scheindlin cited an agreement amongst the parties as to the form and format that the disputed production would take and further stated that the "decision was not based on a full and developed record."
For a complete copy of the June 17, 2011 Order, click here. |