Eric Hobbs v. Revere, City of - Police Department (SPR 20241401)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 22, 2024 SPR24/1401 Captain Michelle Mangino Records Access Officer Revere Police Department 400 Revere Beach Parkway Revere, MA 02151 Dear Captain Mangino: I have received the petition of Eric Hobbs, of LexisNexis Risk Solutions, appealing the response of the Revere Police Department (Department) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). From March 28, 2024 through April 15, 2024, LexisNexis submitted approximately 30 requests for various “motor vehicle accident reports.” The Department responded on April 22, 2024, denying the requests and stating that the requests are for a commercial purpose. Unsatisfied with the Department’s response, Mr. Hobbs appealed, and this case 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. Attorney 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. 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

Captain Michelle Mangino SPR24/1401 Page 2 May 22, 2024 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 custodian must provide the responsive records. The Department’s April 22nd Response In its April 22, 2024 response, the Department states the following: The Revere Police Department has been receiving numerous public records request for: Motor vehicle accident reports Date of request: 3/28/24 tran: 2321181963 (5); 4/3/24 tran: 2511196362 (3); 4/8/24 tran: 2331519163 (9); 4/8/24 tran: 2512932062 (3); 4/9/24 tran: 2265669214 (5); 4/10/24 tran: 2334309813 (6); 4/12/24 tran: 2515624712 (4) and 4/15/24 tran: 2518088312 (1). The Revere Police Department has determined that [the] requests have been made for commercial purposes as such [the] requests are being denied. Additionally, in a letter to this office on May 10, 2024, the Department further explains that “[t]he Revere Police Records Division receives requests from Lexis Nexis on a daily basis for accident reports. These requests by Lexis Nexis are made on behalf of: [a list of approximately forty six named companies].” The Department goes on to state that “there are too many companies to name.” The Department further explains that “for the month of April 2024 alone, [the Department] received approximately 99 requests for accident reports from Lexis Nexis.” Current Appeal In his appeal petition, Mr. Hobbs contends the following: [W]e respectfully disagree with the denial on the grounds that our request solely serves a commercial purpose. Accident reports are public records pursuant to M.G.L. c. 4 § 7(26). LexisNexis provides the requested accident reports to insurance companies as a service to Massachusetts citizens who have been involved in accidents. This helps expedite the insurance claims process for insurers and Massachusetts citizens who the claims involve. Without this service, the administration of insurance claims would be unnecessarily delayed. This aligns with the public interest purpose of the public records law, as articulated in Boston Globe Media Partners, LLC v. Dep’t of Pub. Health, 482 Mass. 427, 124 N.E.3d 127 (2019). Providing these records to insurance companies facilitates the claims process for citizens and ultimately serves a public interest. The commercial purpose exemption used to deny requests should not apply when the overriding purpose is in the public interest.

Captain Michelle Mangino SPR24/1401 Page 3 May 22, 2024 Requests Solely for a Commercial Purpose The Supervisor of Records may deny an appeal for, among other reasons, if, in the opinion of the Supervisor: the public records request is made solely for a commercial purpose. 950 C.M.R. 32.08(2)(b)(3). Please be advised that the term “commercial purpose” as used in the Public Records Law shall mean: the sale or resale of any portion of the public record or the use of information from the public record to advance the requester’s strategic business interests in a manner that the requester can reasonably expect to make a profit, and shall not include gathering or reporting news or gathering information to promote citizen oversight or further the understanding of the operation or activities of government or for academic, scientific, journalistic or public research or education. G. L. c. 66, § 10(d)(ix). Please note that multiple letters included with the requests for records are addressed from the various private insurance companies, and written “To whom it may concern.” These letters state that “[o]ur purpose for ordering and document [sic] is for insurance purposes only.” Where the requests are being made on behalf of private companies in order to help those companies expedite insurance claims, I decline to opine on this matter. See 950 C.M.R. 32.08(2)(b); 950 C.M.R 32.02. Conclusion Accordingly, I will now consider this administrative appeal closed. If Mr. Hobbs is not satisfied with the resolution of this administrative appeal, please be advised that this office shares jurisdiction with the Superior Court of the Commonwealth. See G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies). Sincerely, Manza Arthur Supervisor of Records cc: Eric Hobbs