## Facts

- Jerry Falwell and affiliated religious, educational, and media organizations submitted written requests to the Executive Office of the President (including the White House Office) and the FBI seeking records about them under FOIA and the Privacy Act.
- Plaintiffs alleged the White House Office maintained records about them and violated the Privacy Act by refusing disclosure and refusing to amend records.
- The Executive Office of the President asserted that the Office of the President/White House Office is not an “agency” covered by the Privacy Act.
- The ruling addressed only the Privacy Act coverage question as to the White House Office; other claims (including FOIA and FBI-related issues) were not resolved in this decision.

## Issues

1. Whether the Office of the President (White House Office) is an “agency” within the meaning of the Privacy Act and therefore subject to Privacy Act access and record-maintenance obligations.

## Decision

- The court held the Office of the President/White House Office is not an “agency” under the Privacy Act.
- The court granted the Executive Office of the President’s motion to dismiss the Privacy Act claim.
- The court denied plaintiffs’ cross-motion for partial summary judgment seeking a declaration that the White House Office is an “agency” under the Privacy Act.

## Legal Principles

- The Privacy Act adopts FOIA’s definition of “agency,” so settled FOIA interpretations of “agency” generally control Privacy Act coverage.
- Under controlling precedent, the President’s immediate personal staff and units within the Executive Office whose sole function is to advise and assist the President are excluded from the term “agency.”
- Because the White House Office falls within that excluded category, the Privacy Act cannot be used to compel access to, or amendment of, records maintained there.
- A district court decision reaching a contrary result was not followed where inconsistent with higher-court precedent interpreting the FOIA/Privacy Act “agency” definition.

## Conclusion

The court dismissed the Privacy Act claim against the Executive Office of the President because the White House Office is not an “agency” covered by the Privacy Act, foreclosing Privacy Act-based access or amendment relief against that office.


Falwell v. Exec. Off. of the President, 113 F. Supp. 2d 967 (W.D. Va. 2000)