 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
 |
February 11, 2009 Mr. Charles Zech Denton, Navarro, Rocha & Bernal 2517 North Main Avenue San Antonio, Texas 78212 OR2009-01817 Dear Mr. Zech: You ask whether certain information is subject to required public disclosure under the Public Information Act (the "Act"), chapter 552 of the Government Code. Your request was assigned ID# 334690. The Copperas Cove Police Department (the "department"), which you represent, received a request for the entire investigation file regarding a specified incident. You state that you have released some of the responsive information. You indicate you are redacting social security numbers pursuant to section 552.147. (1) You claim that portions of the submitted information are excepted from disclosure under sections 552.103, 552.108, and 552.130 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information. Section 552.108(a)(1) excepts from disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime … if . . . release of the information would interfere with the detection, investigation, or prosecution of crime[.]" Gov't Code § 552.108(a)(1). A governmental body that claims an exception to disclosure under section 552.108 must reasonably explain how and why this exception is applicable to the information at issue. See id. §§ 552.108(a)(1), .301(e)(1)(A); Ex parte Pruitt, 551 S.W.2d 706 (Tex. 1977). You state that the information at issue in Exhibits D and E relates to a pending criminal investigation and prosecution and that the release of this information would interfere with the investigation and prosecution of the criminal offense. Based on your representation and our review, we conclude that the release of this information would interfere with the detection, investigation, or prosecution of crime. See Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177 (Tex. Civ. App.--Houston [14th Dist.] 1975), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976) (court delineates law enforcement interests that are present in active cases). Thus, section 552.108(a)(1) is applicable to the information at issue in Exhibits D and E. We note, however, section 552.108 does not except from disclosure basic information about an arrested person, an arrest, or a crime. Gov't Code § 552.108(c). Such basic information refers to the information held to be public in Houston Chronicle. See 531 S.W.2d at 187. Thus, with the exception of the basic information, the department may withhold Exhibits D and E pursuant to section 552.108(a)(1) of the Government Code. (2) Section 552.130 excepts from public disclosure information that relates to a motor vehicle operator's or driver's license or permit or a motor vehicle title or registration issued by an agency of this state. See Gov't Code § 552.130(a)(1)-(2). We agree that the department must withhold the Texas driver's license information that you have marked in Exhibit G under section 552.130. In summary, with the exception of the basic information, the department may withhold the information in Exhibits D and E under section 552.108(a)(1) of the Government Code. The department must withhold the Texas driver's license information it has marked in Exhibit G under section 552.130 of the Government Code. The remaining information must be released to the requestor. (3) This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances. This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General at (512) 475-2497. Sincerely, Greg Henderson Assistant Attorney General Open Records Division GH/jb Ref: ID# 334690 Enc. Submitted documents c: Requestor (w/o enclosures)
1. Section 552.147(b) of the Government Code authorizes a governmental body to redact a living
person's social security number from public release without the necessity of requesting a decision from this
officer under the Act.
As we are able to resolve this issue under section 552.108, we need not address your other claim for
exception of this information, except to note that basic information may not be withheld from public disclosure
under section 552.103. Open Records Decision No. 597 (1991).
We note that the requestor has a right of access to certain information in the submitted documents that
otherwise would be excepted from release under the Act. See Gov't Code § 552.023(a) ("a person or a person's
authorized representative has a special right of access, beyond the right of the general public, to information
held by a governmental body that relates to the person and that is protected from public disclosure by laws
intended to protect that person's privacy interests."); Open Records Decision No. 481 at 4 (1987) (privacy
theories not implicated when individual requests information concerning herself). Thus, the department must
again seek a decision from this office if it receives a request for this information from a different requestor. POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US |