 ATTORNEY GENERAL OF TEXAS GREG ABBOTT | |
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January 4, 2011 Mr. Tyler F. Wallach Assistant City Attorney City of Fort Worth 1000 Throckmorton Street, 3rd Floor Fort Worth, Texas 76102 OR2011-00179 Dear Mr. Wallach: 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# 404778 (Fort Worth PIR No. W004349). The City of Fort Worth (the "city") received a request for the videos and images taken by a red light camera in a specified location during a specified time period. You state the city released some information to the requestor. You claim the submitted information is excepted from disclosure under sections 552.101 and 552.130 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 disclosure "information considered to be confidential by law, either constitutional, statutory, or by judicial decision." Gov't Code § 552.101. You claim the video recording submitted as Exhibit C is confidential under section 552.101 in conjunction with section 707.006 of the Transportation Code, which provides as follows: (a) A local authority shall operate a photographic traffic control signal enforcement system only for the purpose of detecting a violation or suspected violation of a traffic-control signal. (b) A person commits an offense if the person uses a photographic traffic signal enforcement system to produce a recorded image other than in the manner and for the purpose specified by this chapter. (c) An offense under this section is a Class A misdemeanor. Transp. Code § 707.006. We note section 707.006 does not expressly make information confidential. In order for section 552.101 to apply, a statute must contain language expressly making certain information confidential; confidentiality cannot be implied from the structure of a statute or rule. See Open Records Decision Nos. 658 at 4 (1998), 478 at 2 (1987), 465 at 4-5 (1987). Accordingly, the city may not withhold the video recording submitted as Exhibit C pursuant to section 552.101 in conjunction with section 707.006. You also claim portions of the video recordings submitted as Exhibits C and D are excepted from public disclosure under section 552.130 of the Government Code. Section 552.130 provides that information relating to a motor vehicle title or registration issued by a Texas agency is excepted from public release. Gov't Code § 552.130(a)(2). The submitted video recordings depict Texas license plate numbers that are subject to section 552.130. You state the city lacks the technical capability to redact this information from the video recordings. We therefore conclude the city must withhold the submitted information in its entirety under section 552.130. See Open Records Decision No. 364 (1983). 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, toll free, at (888) 672-6787. Sincerely, Ana Carolina Vieira Assistant Attorney General Open Records Division ACV/eeg Ref: ID# 404778 Enc. Submitted documents c: Requestor (w/o enclosures)
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