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STAMFORD, Conn. (AP) The public has a right to peek into the privileged world of Greenwich through aerial photos and other records, despite concerns about privacy, crime and terrorism, the state Supreme Court ruled.
Ruling unanimously Wednesday, the justices said the wealthy town was not specific enough when it claimed the records were exempt from disclosure under the Freedom of Information Act. The computer database ordered for public release is a geographic information system that includes detailed information on infrastructure, public safety facilities, schools and celebrities' homes.
Attorneys involved in the case said the ruling was the first appellate level decision they knew of involving security and access to government geographic information systems.
The Greenwich case began after the town denied a December 2001 request from resident and computer consultant Stephen Whitaker for an electronic copy of the entire database.
Whitaker said he wanted to repackage information about property assessments and taxes and sell it to homeowners. Greenwich officials, noting the attacks of Sept. 11, 2001, said uncontrolled release of such electronic data could lead to breaches in security and privacy.
"I'm just hoping nothing happens down the road that says we were right," said state Rep. Claudia "Dolly" Powers, R-Greenwich.
She said she might try to reintroduce legislation that would let towns redact some information from records, such as details about power stations.
Former Police Chief Peter Robbins testified that Greenwich is frequently a target for crime because of its affluence. He also expressed concerns that the data might be used to carry out identity theft or disturb the privacy of public figures who live in Greenwich, which is home to celebrities such as Ron Howard, Mel Gibson and Diana Ross as well as many business executives.
Whitaker's attorney, Dean Montgomery, welcomed the ruling and said he hopes the town will quickly make the information available.
John Wetmore, the town's attorney, did not return telephone calls.
In the wake of the Sept. 11 attacks, experts say government agencies have been increasingly concerned about the data they disclose. Some restrict or are considering restricting certain maps, charts and images, said Jim Plasker, executive director of the American Society for Photogrammetry and Remote Sensing.
"9-11 definitely turned the tide in terms of the sensitivity for how the data could be used by folks who might have terrorism on their mind," Plasker said.
The Reporters Committee for Freedom of the Press and Investigative Reporters and Editors intervened in the case, arguing the records are public. Journalists have used such records to document crime locations, racial segregation in schools and placement of fire stations, the groups said.
Other states have defined computerized records as public through laws and court rulings, and previous court rulings have varied depending on differing state open-records laws, according to the journalism groups.
"In the wake of 9-11, a lot of cities were trying to come up with excuses to not release information," said Lucy Dalglish, executive director of the Reporters Committee. "I think we'll find this case to be very useful when it pops up around the country." |