(dissenting).
I respectfully dissent. The standard of review in this case is a question of first impression. I cannot agree with the majority’s characterization of the issue on appeal. The majority reviewed the documents de novo.
I believe a “clearly erroneous” standard is more appropriate. See Mead Data Cent. Inc. v. United States Dep’t of the Air Force, 566 F.2d 242, 250, 251 n. 13 (D.C.Cir.1977). In Mead, the court concluded that whether the information sought by the plaintiff was within an exemption of the Freedom of Information Act was a factual dispute over the nature of the information. Id. at 250. In order to show that a decision that the data fell within the exemption was incorrect, a plaintiff “must establish that it was either based on an error of law or a factual predicate which is clearly erroneous.” Id. at 251 n. 13.
I find that there were no legal errors. The statutory meaning of security information was not disputed. Moreover, the district court did recognize that public information can be severed from a document. Based on factual determinations, however, the district court found that it could not do so. I do not find that these factual determinations were clearly erroneous.
The district court found that the documents were comprehensive, internally-consistent response plans. Disclosure of only parts of the plans would create an erroneous impression of the mail’s security system. This, in turn, would lead to greater security risks. Therefore, release of only portions of the plans “would be likely to substantially jeopardize the security of * * * possessions, individuals, or property” located in the mall, thereby rendering the documents nonpublic security information under the terms of the Act. Minn.Stat. § 13.37, subd. 1(a) (1992). We should defer to the district court’s characterization of the nature of the information.