In Camera Inspection


 * This article is part of a series on Litigation

Introduction
In camera inspection means a judge will review the unredacted versions of contested records to independently evaluate whether they are exempt.

The FOIA specifically authorizes in camera examination of documents. However, district courts have broad discretion to decide if this type of review is necessary, and thus, they may validly refuse to allow in camera inspection (for example, where agencies meet their burden by means of sufficiently detailed affidavits). It has been noted that "[i]n camera inspection requires effort and resources and therefore a court should not resort to it routinely on the theory that 'it can't hurt.'"

In cases involving a large volume of documents, where appropriate the court may request that a smaller sample of documents be submitted for in camera inspection.

Requirements
As aforementioned, district courts have broad discretion to decide whether in camera inspection is necessary. Consequently, there is no bright-line rule as regards what must be demonstrated before inspection will take place.

However, courts are generally inclined to permit in camera inspection where agency affidavits are insufficiently detailed to permit meaningful review. See, for example, Islamic Shura Council of S. Cal. v. FBI; Spirko v. USPS: <ref147 F.3d 992, 997 (D.C. Cir. 1998) Quiñon v. FBI; In re DOJ.

In camera inspection will also be particularly appropriate where:


 * The records involved are brief and limited in number


 * There is evidence of bad faith on the part of the agency


 * There is strong public interest in conducting an in camera inspection

Note that counsel for the plaintiff ordinarily are not entitled to participate in in camera proceedings