PaFOIC

Granted: Recorded phone call, although it no longer exists

Granted: A request for a copy of a recorded non-emergency phone conversation between the requester and a state police officer. The record no longer exists, however, and therefore could not be provided.
From the Pennsylvania Freedom of Information Coalition

Granted:
A request for a copy of a recorded non-emergency phone conversation between the requester and a state police officer. However, the record no longer exists, and therefore could not be provided.

The Office of Open Records disagreed with the State Police department's initial assertion that the tape recording as part of a non-criminal investigation record, saying that the PSP failed to meet its burden of proof that the tape recording was exempt from disclosure.

The OOR also took the PSP to task for failing to disclosure in its initial denial that the record had been destroyed in accordance with the department's written record retention policy, and instead claiming it could not be released because it was exempt.

Mollick vs Pennsylvania State Police – AP 2009-0064