Denied: Securities Commission investigation records about requester
June 05, 2009 Filed in: Denied
| Pa.
Securities Commission | Criminal
investigations | Non-criminal
investigations | Compiled
records
Denied: A request to the
Pennsylvania Securities Commission for both a
list of records and actual records relating to a
criminal investigation of the requester and
organizations under his control.
From
the Pennsylvania Freedom of Information Coalition
Denied: A request to the Pennsylvania Securities Commission for both a list of records and actual records relating to a criminal investigation of the requester and organizations under his control.
The agency had denied the request for the list, saying such a list did not exist and it did not have to create one. It also denied the request for the records, citing the exemptions for records related to criminal and non-criminal investigations.
The Office of Open Records agreed that the agency was not obligated to create a list if none existed.
"As the OOR determined in Behar v Department of State, OOR Dkt. No. 2009-0149, the RTKL recognizes that agencies may be requested to produce documents, such as lists or groups of statistics, which they do not maintain in the requested format and expressly provides that agencies do not need to compile information in any form in which it does not already exist in order to satisfy a request," the ruling states. "If the records at issue are public, a requester may need to gather information from a series of records and himself create the document he seeks."
D'Alfonso vs. Pennsylvania Securities Commission -- AP 2009-0366
Denied: A request to the Pennsylvania Securities Commission for both a list of records and actual records relating to a criminal investigation of the requester and organizations under his control.
The agency had denied the request for the list, saying such a list did not exist and it did not have to create one. It also denied the request for the records, citing the exemptions for records related to criminal and non-criminal investigations.
The Office of Open Records agreed that the agency was not obligated to create a list if none existed.
"As the OOR determined in Behar v Department of State, OOR Dkt. No. 2009-0149, the RTKL recognizes that agencies may be requested to produce documents, such as lists or groups of statistics, which they do not maintain in the requested format and expressly provides that agencies do not need to compile information in any form in which it does not already exist in order to satisfy a request," the ruling states. "If the records at issue are public, a requester may need to gather information from a series of records and himself create the document he seeks."
D'Alfonso vs. Pennsylvania Securities Commission -- AP 2009-0366