Shapira, Harel v. Department of Criminal Justice Information Services (SPR 20150818)

The Commonwealth ofMassachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Shawn A. Williams Supervisor ofR ecords December 29,2015 SPRlS/818 Ms. Michaela Dunne Department of Criminal Justice Information Service 200 Arlington Street, Suite 2200 Chelsea, MA 02150 Dear Ms. Dunne: I have received the petition of Barel Shapira appealing the response of the Department of Criminal Justice Information Services (DCJIS) to her request for public records. G. L. c. 66 § 1O (b ); see also 950 C.M.R. 32.08(2). Specifically, Ms. Shapira requested access to and or copies of information contained in applications for license to carry firearms or firearm identifications. On December 8, 2014 DCJIS provided responsive records, including information regarding licensing authority broken down by city or town, license type, issue or denial date expiration date, current status, city of residence zip code, and sex. DCJIS withheld the category of "complexion" and explained that it had determined that "complexion" is potentially identifying and private information and is therefore exempt from disclosure pursuant to Exemption (c) and Exemption (j) of the Public Records Law. G. L. c. 4, § 7(26)(c), G). Subsequently, on October 1, 2015 Ms. Shapira requested DCJIS provide her with only three (3) categories of information: sex, issue date, and complexion. In a response dated October 16, 2015, DCJIS denied this request, claiming that this data set could easily be merged with the already-provided information and tend to divulge the identity of a firearms license holder in violation of G. L. c 66 § 10 ( d). Ms. Shapira appealed DCJIS' denial of "complexion" information. In correspondence to this office dated December 17, 2015, Attorney Agapi Koulouris, General Counsel of DCJIS, provided more detail regarding DCJIS' withholding of "complexion" information pursuant to G. L. c 66 § 10 ( d). OneAshburton Place, Room 1719, Boston, Massachusetts 02108 · (617) 727-2832 ·Fax (617) 727-5914 www.sec.state.ma.us/pre

Ms. Michaela Dunne SPR15/818 Page Two December 29, 2015 The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 1 0(c ); 950 C.M.R. 32.08(4 ). "Public records" is broadly defined to include all documentary materials or data, regardless of physical form or characteristics, made or received by any officer or employee of any town of the Commonwealth, unless falling within a statutory exemption. G. L. c. 4, § 7(26). It is the burden of the records custodian to demonstrate the application of an exemption in order to withhold a requested record. G. L. c. 66, § 10 (c ); see also Dist. Attorney for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). G. L. c 66 § JO(d) DCJIS claims that "complexion" information, combined with previously disclosed information, is exempt pursuant to statute. This statute states in relevant part: The commissioner of the department of criminal justice information services, the department of criminal justice information services and its agents, servants, and attorneys including the keeper of the records of the firearms records bureau of said department, or any licensing authority, as defined by chapter one hundred and forty shall not disclose any records divulging or tending to divulge the names and addresses of persons who own or possess firearms, rifles, shotguns, machine guns and ammunition therefor, as defined in said chapter one hundred and forty and names and addresses of persons licensed to carry and/or possess the same to any person, firm, corporation, entity or agency except criminal justice agencies as defined in chapter six and except to the extent such information relates solely to the person making the request and is necessary to the official interests of the entity making the request. G.L. c 66 § lO(d) (emphasis added) In the December 17 correspondence, Attorney Koulouris elaborates on DCJIS' previous responses and states that "[s ]ince DCJIS has already provided a data set with certain identifying information, it is the DCJIS position that the provision of the additional field of 'complexion' would tend to identify a firearms license holder in violation of G.L. c. 66, § 10. As such an individual with a unique complexion in a small town could be identified through the provision of this data."

Ms. Michaela Dunne SPR15/818 Page Three December 29, 2015 I find DCJIS has met its burden to withhold "complexion" information because it has explained how this information, coupled with the previously-provided data, could divulge or tend to "divulge the names and addresses of persons who own or possess firearms" as required by G. L. c 66 § lO(d). cc: Ms. Harel Shapira