Laura Crimaldi v. Massachusetts Department of Transportation (SPR 20251258)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Manza Arthur Supervisor of Records May 14, 2025 SPR25/1258 William J. Doyle, Esq. Records Access Officer Office of the General Counsel Massachusetts Department of Transportation 10 Park Plaza, Suite 3910 Boston, MA 02116 Dear Attorney Doyle: I have received the petition of Laura Crimaldi, of the Boston Globe, appealing the response of the Department of Transportation (MassDOT) to a request for public records. See G. L. c. 66, § 10A; see also 950 C.M.R. 32.08(1). On April 2, 2025, Ms. Crimaldi requested the following records: ... data concerning driver's licenses placed in nonrenewal pursuant to 700 MASS. CODE REGS. 7.05 (failure to pay tolls) from the time the regulation took effect until the date this request is fulfilled. I am also seeking data concerning driver's licenses that were suspended because of failure to pay tolls during the same time period. MassDOT provided a response on April 2, 2025. Unsatisfied with MassDOT’s April 2nd response, Ms. Crimaldi petitioned this office and this appeal, SPR25/1258, 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. 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

William J. Doyle, Esq. SPR25/1258 Page 2 May 14, 2025 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. 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. MassDOT’s April 2nd Response In its April 2, 2025 response, MassDOT cited Exemption (a) of the Public Records Law in support of withholding the requested records in their entirety. Current appeal In her appeals, Ms. Crimaldi asserts, “[t]he request sought data concerning driver’s licenses placed in non-nonrewenal or suspendeddue to failure to pay tolls. The request did not seek records containing the types of information cited by the Department in its response. Further, even in cases where responsive records contain exempt information, record custodians have a duty to segregate the exempt portions and release the remaining public content.” Exemption (a) Exemption (a), known as the statutory exemption, permits the withholding of records that are: specifically or by necessary implication exempted from disclosure by statute G. L. c. 4, § 7(26)(a). A governmental entity may use the statutory exemption as a basis for withholding requested materials where the language of the exempting statute relied upon expressly or necessarily implies that the public’s right to inspect records under the Public Records Law is restricted. See Att’y Gen. v. Collector of Lynn, 377 Mass. 151, 154 (1979); Ottaway Newspapers, Inc. v. Appeals Court, 372 Mass. 539, 545-46 (1977). This exemption creates two categories of exempt records. The first category includes records that are specifically exempt from disclosure by statute. Such statutes expressly state that such a record either “shall not be a public record,” “shall be kept confidential” or “shall not be subject to the disclosure provision of the Public Records Law.” The second category under the exemption includes records deemed exempt under statute by necessary implication. Such statutes expressly limit the dissemination of particular records to a defined group of individuals or entities. A statute is not a basis for exemption if it merely lists

William J. Doyle, Esq. SPR25/1258 Page 3 May 14, 2025 individuals or entities to whom the records are to be provided; the statute must expressly limit access to the listed individuals or entities. MassDOT cited G. L. c. 6C, § 13(a) which states in pertinent part, The department shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record under clause Twenty-sixth of section 7 of chapter 4 or section 10 of chapter 66 and shall be used for enforcement purposes only with respect to toll collection regulations. G. L. c. 6C, § 13(a). In its response, MassDOT referenced the statute, General Laws Chapter 6C, Section 13(a) which states in part, ‘the department shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data relative to account holders who participate in its electronic toll collection system. Such information shall not be a public record under clause Twenty- sixth of section 7 of chapter 4 or section 10 of chapter 66 and shall be used for enforcement purposes only with respect to toll collection regulations. See also 700 CMR 7.05(7) (the Code of Massachusetts Regulations) which states, in part, “Confidentiality of Records. MassDOT shall maintain the confidentiality of all information…relative to Account Holders who utilize its EZDriveMA toll collection system…all EZDriveMA customers, including customers of another agency or entity that may have toll collection reciprocity with MassDOT, are considered Account Holders.” Based upon MassDOT’s April 2nd response, and as the records are restricted from disclosure in its entirety by the Legislature under G. L. c. 6C, § 13(a), as it operates through Exemption (a), I find MassDOT has met its burden in responding to this request under the Public Records Law. See G. L. c.6C, § 13(a) (providing that these reports “shall not be -- public reports and shall be maintained by the police departments in a manner that shall assure their confidentiality”). Conclusion Accordingly, I will consider this administrative appeal closed. If Ms. Crimaldi 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 of Massachusetts. G. L. c. 66, § 10A(c) (pursuing administrative appeal does not limit availability of applicable judicial remedies).

William J. Doyle, Esq. SPR25/1258 Page 4 May 14, 2025 Sincerely, Manza Arthur Supervisor of Records cc: Laura Crimaldi