FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

In the Matter of a Complaint by Richard K. Sulman, FINAL DECISION

 

Complainant Docket #FIC 85-197

 

against January 22, 1986

 

State of Connecticut Department of Public Safety, Division of State Police

 

Respondent

 

The above captioned matter was heard as a contested case on December 17, 1985 at which time the complainant and the respondent appeared, stipulated to certain facts and presented testimony, and argument on the complaint.

 

After consideration of the entire record the following facts are found:

 

1. The respondent is a public agency within the meaning of 1-18a(a), G.S.

 

2. By letter dated September 17, 1985 the complainant made a written request of the respondent for copies of any document and information in any form, which refer to the release to any agency or person outside of the respondent of documents or oral information contained in the complainant's State Police files.

 

3. Claiming a lack of satisfactory response to his request, the complainant appealed to the Commission by letter filed September 25, 1985.

 

4. At the hearing, the complainant and respondent agreed the Commission could take administrative notice of testimony, evidence and exhibits in FIC #85-131 and apply them to this case.

 

5. The respondent stated that there are two divisions with records falling within the ambit of complainant's request. There is a one page log in the bureau of identification which contains the names of those who sought access to and who have been granted

 

Docket #FIC 85-197 page 2

 

access to the complainant's files. There is a handwritten note in the respondent's special services unit concerning information given to a unit in Massachusetts regarding the complainant.

 

6. The respondent agreed to provide the complainant with copies of the note filed in the special services unit but declines to provide him with a copy of the bureau of identification log, claiming it is exempt from disclosure pursuant to 29-16, G.S.

 

7. It is found that the bureau identification log constitutes a public record under 18a(d) and 1-19(a), G.S., and must be disclosed under 1-15 and 1-19(a), G.S., unless otherwise exempted by state or federal law.

 

8.. It is found that the respondent failed to prove that the requested document is "relative to the commission of a crime" within the meaning of 29-16, G.S., in that it merely contains the names of those who sought access to, and who have been granted access to, the complainant's files.

 

9. It is therefore concluded that 29-16, G.S., does not provide an exemption to the disclosure of the requested report.

 

The following order by the Commission is hereby recommended on the basis of the record concerning the above captioned complaint:

 

1. The respondent shall forthwith provide the complainant with a copy of the log in the bureau of identification.

 

2. In complying with paragraph 1 of this order, the respondent may delete or otherwise mask any information from the log more fully described in paragraph 5 of the findings, above, other than the identity of those to whom access has been granted to the complainant's files.

 

Approved by order of the Freedom of Information Commission at its regular meeting of January 22, 1986.

 

Karen J. Haggett

Clerk of the Commission