2003 NY Slip Op 15304

Government records are presumptively open to public inspection unless specifically exempted by statute, and the party seeking to withhold the records bears the burden of demonstrating the applicability of the exemption.

Summary

This case addresses the conflict between the public’s right to access government records and the need to protect the privacy of sex offense victims. The New York Court of Appeals held that while government records are generally open to public inspection, Civil Rights Law § 50-b provides a statutory exemption for documents tending to identify sex offense victims. The police bear the burden of proving that this exemption applies to the specific records sought. The court remitted the case to the Supreme Court to determine whether the police met this burden, clarifying that even if redaction could remove identifying details, the police are not obligated to provide records exempt under the statute.

Facts

The petitioner, whose identity is kept anonymous, sought access to certain records from the New York City Police Department (NYPD). The nature of these records isn’t explicitly detailed but it can be inferred that they concerned a prior conviction of the petitioner. The NYPD denied access, presumably invoking Civil Rights Law § 50-b, which protects the privacy of sex offense victims.

Procedural History

The petitioner initiated a legal action seeking access to the records. The lower courts likely ruled in favor of or against the NYPD’s denial of access. The New York Court of Appeals reviewed the case, ultimately reversing the Appellate Division’s order and remitting the matter to the Supreme Court for further proceedings.

Issue(s)

1. Whether the NYPD met its burden of demonstrating that the statutory exemption from disclosure pursuant to Civil Rights Law § 50-b applies to all the records the petitioner seeks.
2. Whether the police are obligated to provide records exempt from disclosure under Civil Rights Law § 50-b, if redaction could remove all details which “tend to identify the victim”.

Holding

1. No, because the police must make a particularized showing that the statutory exemption applies to all the records sought.
2. No, because insofar as the requested records are exempt from disclosure pursuant to State statute, the police are not obligated to provide the records even if redaction might remove all details which “tend to identify the victim”.

Court’s Reasoning

The Court of Appeals based its reasoning on the interplay between the Public Officers Law and the Civil Rights Law. The Public Officers Law generally mandates open access to government records. However, this mandate is subject to statutory exemptions. Civil Rights Law § 50-b(1) creates such an exemption for documents that