The Ninth Circuit Court of Appeals Developed a Balancing Test

The Ninth Circuit Court of Appeals developed a balancing test to assist in balancing an individual's need to know the information and the employee's right to privacy.The four factors are:

A) the individual's interest in disclosure of the information; the public's interest in disclosure; the degree of invasion of personal privacy; and whether there are other means to obtain the information
B) the public's interest in disclosure of the information; whether the employee signed a blanket disclosure agreement covering the information; the degree of invasion of personal privacy, whether the employee's desire to keep the information confidential is reasonable
C) the reasonableness of the employee's desire to keep the information private; the benefits to the public of making the information available; whether there are other ways to obtain the information; an explanation of why the information is needed
D) an explanation of the need for the information; the employee's consent to the discovery and disclosure of the information; the public's interest in the information; whether there are other means to obtain the information.