April 1, 2009

Ms. YuShan Chang

Assistant City Attorney

City of Houston

P.O. Box 368

Houston, Texas 77001-0368

OR2009-04267

Dear Ms. Chang:

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# 338849.

The Houston Police Department (the "department") received a request for a specified police report. You claim that the submitted information is excepted from disclosure under sections 552.101, 552.130, and 552.136 of the Government Code. We have considered the exceptions you claim and reviewed the submitted information.

Section 552.101 of the Government Code excepts from public disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. This section encompasses the common-law right of privacy, which protects information that (1) contains highly intimate or embarrassing information, the publication of which would be highly objectionable to a reasonable person and (2) is not of legitimate concern to the public. Indus. Found. v. Tex. Indus. Accident Bd., 540 S.W.2d 668 (Tex. 1976). The types of information considered intimate and embarrassing by the Texas Supreme Court in Industrial Foundation included information relating to sexual assault, pregnancy, mental or physical abuse in the workplace, illegitimate children, psychiatric treatment of mental disorders, attempted suicide, and injuries to sexual organs. Id. at 683. Generally, only highly intimate information that implicates the privacy of an individual is withheld. However, in certain instances, where it is demonstrated the requestor knows the identity of the individual involved, as well as the nature of certain incidents, the entire report must be withheld to protect the individual's privacy. In this instance, however, because the requestor knows the identity of the individual involved, withholding only the individual's identity or certain details of these incidents from the requestor would not preserve the subject individual's common-law right of privacy. Accordingly, the submitted report would ordinarily be withheld in its entirety under section 552.101 in conjunction with common-law privacy.

However, we note that the requestor is the spouse of an individual whose privacy interests are at issue within the submitted report. Thus, if the requestor is acting as his wife's authorized representative, then he has a right of access to the submitted information pursuant to section 552.023 of the Government Code, and it may not be withheld pursuant to common-law privacy. See Gov't Code § 552.023 (person or person's authorized representative has special right of access to records that contain information relating to the person that are protected from public disclosure by laws intended to protect that person's privacy interests). If the requestor is not acting as his wife's authorized representative, then the department must withhold the submitted report in its entirety under section 552.101 of the Government Code in conjunction with common-law privacy. To the extent that the requestor is the authorized representative of his spouse, we will address whether any portion of the submitted information is otherwise excepted from disclosure under the Act.

This office has also found that personal financial information not relating to a financial transaction between an individual and a governmental body is excepted from required public disclosure under common-law privacy. See Open Records Decision Nos. 600 (1992), 545 (1990). Thus, the department must withhold the personal financial information we have marked under section 552.101 of the Government Code in conjunction with common-law privacy.

You raise section 552.130 of the Government Code, which excepts from disclosure "information [that] relates to . . . a motor vehicle operator's or driver's license or permit issued by an agency of this state [or] a motor vehicle title or registration issued by an agency of this state [.]" Gov't Code § 552.130. We note that section 552.130 is intended to protect privacy interests. Thus, as stated above, if the requestor is acting as his wife's authorized representative, then his wife's Texas motor vehicle record information may not be withheld from him pursuant to section 552.130. See id. § 552.023. However, the department must withhold the Texas motor vehicle record information pertaining to other individuals that we have marked under section 552.130. We note that no portion of the remaining information you have highlighted consists of Texas-issued motor vehicle record information for the purposes of section 552.130, and it may not be withheld on that basis.

Section 552.136 of the Government Code states that "[n]otwithstanding any other provision of this chapter, a credit card, debit card, charge card, or access device number that is collected, assembled, or maintained by or for a governmental body is confidential." Id. § 552.136(b). Section 552.136 is also intended to protect privacy interests. Thus, to the extent the requestor is acting as his wife's authorized representative, the requestor has a right of access to his wife's credit and debit card number. See id. § 552.023. However, we have marked credit card, debit card, charge card, and account numbers pertaining to other individuals that must be withheld under section 552.136.

In summary, if the requestor is not acting as his wife's authorized representative, then the department must withhold the submitted report in its entirety under section 552.101 of the Government Code in conjunction with common-law privacy. If the requestor is acting as his wife's authorized representative, then the department must withhold the information we have marked under: (1) section 552.101 of the Government Code in conjunction with common-law privacy, (2) section 552.130 of the Government Code, and (3) section 552.136 of the Government Code. ⁽¹⁾ The remaining information must be released. ⁽²⁾

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,

Christina Alvarado

Assistant Attorney General

Open Records Division

CA/cc

Ref: ID# 338849

Enc. Submitted documents

cc: Requestor

(w/o enclosures)

Footnotes

1. We note the remaining information contains social security numbers. 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 office under the Act.

2. We also note that some of the information being released is confidential and not subject to release to the general public. However, the requestor in this instance has a special right of access to the information. Gov't Code § 552.023 (person or person's authorized representative has special right of access to records that contain information relating to the person that are protected from public disclosure by laws intended to protect that person's privacy interests). Because such information may be confidential with respect to the general public, if the department receives another request for this information from an individual other than this requestor or his authorized representative, the department must again seek a ruling from this office.

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