Sylvia Doku v. Massachusetts Port Authority (SPR 20231242)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records June 26, 2023 SPR23/1242 Christina Gibson Record Access Officer Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, MA 02128 Dear Ms. Gibson: I have received the petition of Sylvia Doku appealing the response of the Massachusetts Port Authority (Authority) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On May 22, 2023, Ms. Doku requested “video footage from Boston Logan Airport from Terminal B from Saturday, May 20, 223 between the time of 7:30 am through 8:15 am from the security checkpoint.” On May 30, 2023, the Authority responded. Unsatisfied with the Authority’s response, Ms. Doku petitioned this office and this appeal, SPR23/1242, was opened as a result. The Public Records Law The Public Records Law strongly favors disclosure by creating a presumption that all governmental records are public records. G. L. c. 66, § 10A(d); 950 C.M.R. 32.03(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 agency or municipality 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(b)(iv); 950 C.M.R. 32.06(3); see also Dist. Att’y for the Norfolk Dist. v. Flatley, 419 Mass. 507, 511 (1995) (custodian has the burden of establishing the applicability of an exemption). To meet the specificity requirement a custodian must not only cite an exemption, but must also state why the exemption applies to the withheld or redacted portion of the responsive record. If there are any fees associated with a response a written, good faith estimate must be provided. G. L. c. 66, § 10(b)(viii); see also 950 C.M.R. 32.07(2). Once fees are paid, a records One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre • pre@sec.state.ma.us

Christina Gibson SPR23/1242 Page 2 June 26, 2023 custodian must provide the responsive records. The Authority’s May 30th Response In its May 30, 2023 response, the Authority states: We are in need of further information in order to respond to your request. Providing us with the following information will allow us to make all responsive public records available to you as soon as possible, subject to the condition described below. Please provide:  A detailed description of the incident/interaction depicted in the video you request (i.e. TSA security check of ID through screening process); and,  A description of the passenger/individual involved in the video you request (i.e. white female, brown hair, blue shirt, black pants, red hat, black suitcase with blue backpack). In accordance with 950 CMR 32.06, you may be required to pay the reasonable cost of responding to your public records request. That cost may include reimbursement for search time and document segregation time, as well as a charge for copying the public records you have requested. In the event you will be required to pay that cost, we will provide you with a written estimate of those costs before proceeding to comply with your request. Upon receiving your check in the amount of the estimate provided, we will proceed with complying with your request. If you prefer to review the materials prior to or without copying them, after payment of the cost of searching for and segregating them, you may make arrangements to conduct your review, by contacting the undersigned. On May 30, 2023, Ms. Doku provided additional information to the Authority regarding her records request. Current Appeal In her appeal, Ms. Doku asserts, “I would like to submit an appeal to Supervisor of Records as I have put in a public records request and I have not receive an update on whether this request can be fulfilled.” Based on the Authority’s response, in conjunction with Ms. Doku’s appeal, it is unclear if the Authority possesses records responsive to the request. The duty to comply with requests for records extends to those records that exist and are in the possession, custody, or control of the custodian of records at the time of the request. See G. L. c. 66, § 10(a)(ii). To the extent that records exist, I find the Authority must provide them in a manner consistent with the Public Records Law or identify an exemption that applies to withhold the records from disclosure. G. L. c. 66, § 10(b). See G. L. c. 66, § 10(a) (records must be provided without unreasonable delay).

Christina Gibson SPR23/1242 Page 3 June 26, 2023 Conclusion Accordingly, the Authority is ordered to provide Ms. Doku with a response to the request, provided in a manner consistent with this order, the Public Records Law, and its Regulations within ten business days. A copy of any such response must be provided to this office. It is preferable to send an electronic copy of this response to this office at pre@sec.state.ma.us. Sincerely, Manza Arthur Supervisor of Records cc: Sylvia Doku