DIRECTOR, DEPARTMENT OF INFORMATION TECHNOLOGY, TOWN OF GREENWICH v. FREEDOM OF INFORMATION COMMISSION et al., SC 17262

Judicial District of New Britain

 

     Freedom of Information Act; Whether Town's Geographic Information System Database is Exempt from Disclosure Under General Statutes § 1-210.  The defendant Stephen Whitaker requested from the department of information technology for the town of Greenwich (department) a copy of computer records from the town's geographic information system database.  The records included orthophotography, consisting of photographic images of the town taken from an aircraft and corrected for spatial distortion and lens curve, and data depicting such things as building footprints, which could be overlaid on the orthophotography.  He also sought computer server databases compiled by the town for use in creating its tax assessment databases, which included information on property ownership, value and street address.  The department denied the request on the ground that Greenwich, as an affluent community, is susceptible to jewel thieves and kidnappers and that the records Whitaker sought could be helpful to potential criminals.  The department also believed that release of the requested records could compromise the security of the town by facilitating terrorist activities.  Whitaker then filed a complaint with the freedom of information commission alleging that the department had violated the freedom of information act when it denied his request. The commission found that the department's refusal to release the records was in violation of the act and ordered that the records be provided to Whitaker.  The department appealed to Superior Court, which found that the department had failed to establish its claim that the records were exempt from disclosure because their release could create a legitimate public safety concern by assisting criminal or terrorist activities.  The court further found that the department had failed to prove its claim that the records were exempt either under General Statutes § 1-210 (b) (5) (A), which provides an exemption for "trade secrets," or under § 1-210 (b) (2), which provides an exemption for "records of standards, procedures, processes, software and codes . . . the disclosure of which would compromise the security or integrity of an information technology system."  The court, accordingly, dismissed the department's appeal.  In this appeal to the Supreme Court, the department challenges the court's findings and additionally argues that the court improperly failed to consider Public Act 2002, No. 02-133, § 1, which became effective shortly before the commission's decision.  That public act amended § 1-210 (b) (19), which provides an exemption for "records when there are reasonable grounds to believe that their disclosure may result in a safety risk," to include records of municipal agencies.