January 25, 2012

Ms. Susan Camp-Lee

For City of Round Rock

Sheets & Crossfield, P.C.

309 East Main Street

Round Rock, Texas 78664

OR2012-01223

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# 444131.

The Round Rock Police Department (the "department"), which you represent, received a request for the call history and police reports pertaining to a specified address. The department claims portions of the submitted information are excepted from disclosure under sections 552.101 and 552.130 of the Government Code. We have considered the exceptions the department claims 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 section encompasses laws that make criminal history record information ("CHRI") confidential. CHRI generated by the National Crime Information Center ("NCIC") or by the Texas Crime Information Center ("TCIC") is confidential under federal and state law. Title 28, part 20 of the Code of Federal Regulations governs the release of CHRI that states obtain from the federal government or other states. Open Records Decision No. 565 at 7 (1990). The federal regulations allow each state to follow its individual law with respect to CHRI it generates. Id. Section 411.083 of the Government Code deems confidential CHRI the Department of Public Safety ("DPS") maintains, except DPS may disseminate this information as provided in chapter 411, subchapter F of the Government Code. See Gov't Code § 411.083. Sections 411.083(b)(1) and 411.089(a) authorize a criminal justice agency to obtain CHRI; however, a criminal justice agency may not release CHRI except to another criminal justice agency for a criminal justice purpose. Id. § 411.089(b)(1). Other entities specified in chapter 411 of the Government Code are entitled to obtain CHRI from DPS or another criminal justice agency; however, those entities may not release CHRI except as provided by chapter 411. See generally id. §§ 411.090-.127. However, CHRI does not include driving record information. Id. § 411.082(2)(B) (defining CHRI). Upon review, we find the information the department marked is not CHRI generated by NCIC or TCIC. Accordingly, the department may not withhold such information under section 552.101 of the Government Code on the basis chapter 411 of the Government Code.

Section 552.101 also encompasses the doctrine of common-law privacy, which protects information that (1) contains highly intimate or embarrassing facts, 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, 685 (Tex. 1976). This office has found 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) (when considering prong regarding individual's privacy interest, court recognized distinction between public records found in courthouse files and local police stations and compiled summary of information and noted that individual has significant privacy interest in compilation of one's criminal history). Furthermore, we find that a compilation of a private citizen's criminal history is generally not of legitimate concern to the public. We note, however, that records relating to routine traffic violations are not considered criminal history information. Cf. Gov't Code § 411.082(2)(B) (criminal history record information does not include driving record information). Accordingly, we have marked a compilation of a person's criminal history that is considered highly intimate or embarrassing information and not of legitimate public concern. The department must withhold this information pursuant to section 552.101 of the Government Code in conjunction with common-law privacy.

The department asserts the remaining information it marked is excepted from disclosure under section 552.130 of the Government Code, which provides information relating to a driver's license or motor vehicle title or registration issued by a Texas agency or another state or country is excepted from public release. Id. § 552.130(a)(1), (2). Upon review, we agree the department must withhold the motor vehicle record information it marked under section 552.130.

In summary, the department must withhold the information we marked pursuant to section 552.101 of the Government Code in conjunction with common-law privacy. In addition, the department must withhold the motor vehicle record information it marked under section 552.130 of the Government Code. The department must release the remaining information. ⁽¹⁾

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,

Yen-Ha Le

Assistant Attorney General

Open Records Division

YHL/dls

Ref: ID# 444131

Enc. Marked documents

c: Requestor

(w/o enclosures)

Footnotes

1. We note the requestor has a right of access to certain private information as the parent of the children involved in the information at issue and to his own motor vehicle record information pursuant to section 552.023 of the Government Code. See Gov't Code § 552.023(b) (governmental body may not deny access to person to whom information relates, or that person's representative, solely on grounds that information is considered confidential by privacy principles). Should the department receive another request for this information from a different requestor, it should again seek a ruling from this office.

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