Denied: Request for unredacted fire report by convicted arsonist
June 18, 2009 Filed in: Denied
| Philadelphia
| Criminal
investigations | Personal
security | Agency
discretion | Record
doesn't exist
Denied: A request for unredacted
fire marshal's reports on fires at a certain
address in Philadelphia. The city had partially
granted and partially denied the request,
providing the requester with one record but
redacting personal identifying information on the
grounds that the requester had been convicted for
murder and arson in connection with the fire in
question.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request for fire marshal's reports on fires at a certain address in Philadelphia.
The city had partially granted and partially denied the request, providing the requester with one record it found, but redacting personal identifying information on the grounds that the requester had been convicted for murder and arson in connection with the fire in question, and that release of the personal information would be reasonably likely to result in risk of physical harm to the individuals. The city also cited the criminal investigation exemption in denying the information through redaction.
The requester, in his appeal, claimed there was a second report relating to a separate fire at the address in question, but did not provide material to prove it.
The Office of Open Records noted that the city was not required to release any of the fire report, but exercised agency discretion to provide a redacted version to the requester. "To the extent an unredacted copy of the fire report is public as part of the record of the citizen’s criminal trial, the citizen may seek a copy of that record directly from the trial court," the OOR noted.
Crawford vs. City of Philadelphia -- AP 2009-0416
Denied: A request for fire marshal's reports on fires at a certain address in Philadelphia.
The city had partially granted and partially denied the request, providing the requester with one record it found, but redacting personal identifying information on the grounds that the requester had been convicted for murder and arson in connection with the fire in question, and that release of the personal information would be reasonably likely to result in risk of physical harm to the individuals. The city also cited the criminal investigation exemption in denying the information through redaction.
The requester, in his appeal, claimed there was a second report relating to a separate fire at the address in question, but did not provide material to prove it.
The Office of Open Records noted that the city was not required to release any of the fire report, but exercised agency discretion to provide a redacted version to the requester. "To the extent an unredacted copy of the fire report is public as part of the record of the citizen’s criminal trial, the citizen may seek a copy of that record directly from the trial court," the OOR noted.
Crawford vs. City of Philadelphia -- AP 2009-0416