May 31, 2011

Ms. Susan Camp-Lee

Counsel for City of Round Rock

Sheets & Crossfield, PC

309 East Main Street

Round Rock, Texas 78664-5246

OR2011-07630

Dear Ms. Camp-Lee:

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# 418999.

The City of Round Rock (the "city"), which you represent, received a request for records of arrests or disturbances at the requestor's address on a specified date. You state the city has released some information to the requestor. You state the city has redacted Texas driver's license and license plate numbers under section 552.130 of the Government Code pursuant to Open Records Decision No. 684 (2009). ⁽¹⁾ You also redacted social security numbers pursuant to section 552.147 of the Government Code. ⁽²⁾ You claim the portions of the submitted information you marked are 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. This exception encompasses the common-law right of privacy, which protects information that is (1) highly intimate or embarrassing, such that its release would be highly objectionable to a reasonable person, and (2) not of legitimate concern to the public. See Indus. Found. v. Tex. Indus. Accident Bd., 540 S.W.2d 668 (Tex. 1976). To demonstrate the applicability of common-law privacy, both prongs of this test must be established. See id. at 681-82.

You claim the information you marked in red consists of criminal history information protected by common-law privacy. A compilation of an individual's criminal history is highly embarrassing information, the publication of which would be highly objectionable to a reasonable person. Cf. U. S. Dep't of Justice v. Reporters Comm. for Freedom of the Press, 489 U.S. 749, 764 (1989) (finding significant privacy interest in compilation of individual's criminal history by recognizing distinction between public records found in courthouse files and local police stations and compiled summary of criminal history information). Furthermore, a compilation of a private citizen's criminal history is generally not of legitimate concern to the public. Upon review, we agree the information you marked, as well as the information we marked, consist of compilations of criminal history that are of no legitimate public interest. Therefore, the city must withhold the information you marked in red and the information we marked under section 552.101 in conjunction with common-law privacy.

You additionally claim the information you marked in blue is highly intimate or embarrassing information of no legitimate public interest. This office has found some kinds of medical information or information indicating disabilities or specific illnesses is excepted from required public disclosure under common-law privacy. See Open Records Decision Nos. 470 (1987) (illness from severe emotional and job-related stress), 455 (1987) (prescription drugs, illnesses, operations, and physical handicaps). The information you marked consists of police alerts regarding the possible illegal drug use of a particular individual. Although this individual's possible addiction may be intimate or embarrassing, we find there is a legitimate public interest in this information in this context because it relates to alleged criminal behavior. See generally Lowe v. Hearst Communications, Inc., 487 F.3d 246, 250 (5th Cir. 2007) (noting a "legitimate public interest in facts tending to support an allegation of criminal activity" (citing Cinel v. Connick, 15 F.3d 1338, 1345-46 (1994)); Houston Chronicle Publ'g Co. v. City of Houston, 531 S.W.2d 177, 186-187 (Tex. Civ. App.--Houston [14th Dist.] 1975) (public has legitimate interest in details of crime and police efforts to combat crime in community), writ ref'd n.r.e. per curiam, 536 S.W.2d 559 (Tex. 1976). Having considered your arguments, we find the public has a legitimate interest in the criminal activity alerts you marked in blue. We therefore conclude the city may not withhold this information under section 552.101 of the Government Code in conjunction with common-law privacy.

Section 552.130 of the Government Code excepts from disclosure information relating to a motor vehicle operator's license, driver's license, motor vehicle title, or registration issued by a Texas agency. Gov't Code § 552.130(a)(1), (2). Upon review, we agree the city must withhold the Texas motor vehicle record information you highlighted under section 552.130 of the Government Code.

In summary, the city must withhold the information you marked in red, as well as the information we marked, under section 552.101 of the Government Code in conjunction with common-law privacy and the information you highlighted under section 552.130 of the Government Code. The remaining information must be released.

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,

Bob Davis

Assistant Attorney General

Open Records Division

RSD/eb

Ref: ID# 418999

Enc. Submitted documents

c: Requestor

(w/o enclosures)

Footnotes

1. Open Records Decision No. 684 is a previous determination to all governmental bodies authorizing them to withhold ten categories of information without the necessity of requesting an attorney general decision, including Texas driver's license and license plate numbers under section 552.130 of the Government Code.

2. 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. See Gov't Code § 552.147(b).

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