Denied: Parolee records protected by another law
March 27, 2009 Filed in: Denied
| Appealed to
court | Pa.
Board of Parole/Probation | Other laws
| Personal
security
Denied: Request for a copy of
parole records, specifically a negative
recommendation made by a trial judge and
prosecuting attorney.
From
the Pennsylvania Freedom of Information
Coalition
Denied: Request for a copy of parole records, specifically a negative recommendation made by a trial judge and prosecuting attorney.
The Pennsylvania Board of Probation and Parole had denied the request by asserting that under another law, parolee information is private, confidential and privileged, and thus exempt from disclosure. It also cited the personal security provision of the Right to Know Law, saying that releasing the information was reasonably likely to result in risk of physical harm or to personal security.
The Office of Open Records agreed that records concerning a parolee are not public records, and denied the requester's appeal.
However, it noted that the PBPP did not provide any facts supporting its claim that release of the records would result in harm to an individual.
"Any such claim must be supported by a factual basis demonstrating that a substantial risk of harm is both reasonably likely to occur and is demonstrable," the OOR said. "When agencies rely on this, or any exemption, they bear the burden of proof establishing that the exemption in fact applies."
Jones vs. Pennsylvania Board of Pardons and Paroles -- AP 2009-0117
APPEALED TO COMMONWEALTH COURT: April 22, 2009
Denied: Request for a copy of parole records, specifically a negative recommendation made by a trial judge and prosecuting attorney.
The Pennsylvania Board of Probation and Parole had denied the request by asserting that under another law, parolee information is private, confidential and privileged, and thus exempt from disclosure. It also cited the personal security provision of the Right to Know Law, saying that releasing the information was reasonably likely to result in risk of physical harm or to personal security.
The Office of Open Records agreed that records concerning a parolee are not public records, and denied the requester's appeal.
However, it noted that the PBPP did not provide any facts supporting its claim that release of the records would result in harm to an individual.
"Any such claim must be supported by a factual basis demonstrating that a substantial risk of harm is both reasonably likely to occur and is demonstrable," the OOR said. "When agencies rely on this, or any exemption, they bear the burden of proof establishing that the exemption in fact applies."
Jones vs. Pennsylvania Board of Pardons and Paroles -- AP 2009-0117
APPEALED TO COMMONWEALTH COURT: April 22, 2009