Dobson, P.E., Wilson v. Massachusetts Bay Transportation Authority - Office of the General Counsel (SPR 20150549)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor of& cords November 25, 2015 SPRlS/549 Ms. Maryellen Lyons, Esq. Massachusetts Department of Transportation 10 Park Plaza, Suite 3510 Boston, MA 02116 Dear Attorney Lyons: I have received the petition of Ben Dobson, Assistant News Director ofNECN appealing the response ofthe Massachusetts Department of Transportation (MassDOT) to his request for public records. G. L. c. 66 § 1 O(b ); see also 950 C.M.R. 32.08(2). Specifically, Mr. Dobson sought copies of "customer service complaints or compliments relating to toll takers under MassDOT purview from a period of June 1, 2014" through the date of the request. MassDOT responded with a fee estimate, further informing Mr. Dobson that some information, including information identifying the individual complainants, would be withheld pursuant to Exemption (c) of the Public Records Law, as such disclosure "would constitute an unwarranted invasion of the personal privacy of the individuals involved." Mr. Dobson appealed the withholding of the consumer identities. Identities of voluntary complainants are exempt from disclosure A records custodian may permissibly redact the identity of a citizen complainant where the disclosure of such identity may impede such future communication. Under Exemption (c) a custodian may withhold information that contains intimate details of a highly personal nature. Both this office and the courts have interpreted this protection to extend to voluntary complainant identifying information. If private citizens are discouraged from contacting government agencies, those agencies may be inhibited from responding to legitimate concerns. It is my understanding that MassDOT has agreed to provide redacted portions of the complaints to you; I find this action meets the requirements under the Public Records Law while protecting the rights of private citizens. OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma. us/ pre

Ms. Maryellen Lyons, Esq. SPR15/549 Page Two November 25, 2015 Accordingly, whereas MassDOT agreed to provide redacted copies of consumer communications, and further whereas the public interest in disclosure of the identity of those individuals does not outweigh the privacy interest of the individuals identified, the application of the second clause of Exemption (c) is satisfied. arlyyours, ~ Supervisor of Records cc: Mr. Ben Dobson