OPRA can require town and police to provide video of security camera. Gilleran
v. Twp. of Bloomfield 440 N.J. Super. 490 (App.Div. 2015)
The
Open Public Records Act (OPRA) does not include a blanket exemption for video
recordings made from an outdoor security camera. To justify denying an OPRA
request pursuant to the definitional exclusions contained in N.J.S.A. 47:1A-1.1
for "security information," "procedures," "measures,"
and "techniques," the government agency must make a specific showing
of why disclosure would jeopardize the security of the facility or put the
safety of persons or property at risk.
Because the court agree
with the trial court that the township did not make a sufficiently specific
showing for an exemption, we need not decide whether N.J.S.A. 47:1A-5(g)
requires a government agency to review requested recordings and redact only
actual confidential information, as argued by plaintiff and the ACLU. Such a
requirement of review and redaction seems
impractical and virtually impossible to implement when the request is
for lengthy surveillance recordings, such as the fourteen hours of recordings
requested here by plaintiff.
No comments:
Post a Comment