Page:United States Reports 502 OCT. TERM 1991.pdf/337

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Cite as: 502 U. S. 164 (1991)

179

Opinion of Scalia, J.

because there is nothing in the record to suggest that a second series of interviews with the already-interviewed returnees would produce any relevant information that is not set forth in the documents that have already been produced. Mere speculation about hypothetical public benefits cannot outweigh a demonstrably significant invasion of privacy. Accordingly, we need not address the question whether a “derivative use” theory would ever justify release of information about private individuals. We are also unmoved by respondents’ asserted interest in ascertaining the veracity of the interview reports. There is not a scintilla of evidence, either in the documents themselves or elsewhere in the record, that tends to impugn the integrity of the reports. We generally accord Government records and official conduct a presumption of legitimacy. If a totally unsupported suggestion that the interest in finding out whether Government agents have been telling the truth justified disclosure of private materials, Government agencies would have no defense against requests for production of private information. What sort of evidence of official misconduct might be sufficient to identify a genuine public interest in disclosure is a matter that we need not address in this case. On the record before us, we are satisfied that the proposed invasion of the serious privacy interest of the Haitian returnees is “clearly unwarranted.” The judgment of the Court of Appeals is Reversed. Justice Thomas took no part in the consideration or decision of this case. Justice Scalia, with whom Justice Kennedy joins, concurring in part and concurring in the judgment. I join the Court’s judgment and its opinion except Part III. Exemption 6 of the Freedom of Information Act (FOIA) provides that the Act’s disclosure requirements do not apply to “personnel and medical files and similar files the disclosure