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APRA PR16-37 Harris v. City of Providence No Violation

The Complainant alleged the City violated the APRA when it stated that it maintained no documents responsive to her APRA request. The APRA request sought "all registration signup sheets for the Providence Summer Midnight Basketball Program from May 26 through August 8, 2015." There was no evidence that the City had or maintained the requested records, nor did it appear that The Salvation Army was acting on behalf of, or in place of, the City such that The Salvation Army would be within the ambit of the APRA. Even if we concluded that The Salvation Army fell within the scope of the APRA for purposes of this request, we would still find no violation as this request implicates both R.I. Gen. Laws 38-2-2(4)(A)(I)(b), which exempts "personal individually-identifiable records otherwise deemed confidential by federal or state law or regulation, or the disclosure of which would constitute a clearly unwarranted invasion of personal privacy pursuant to 5 U.S.C. 552" and the balancing test set forth in Direct Action for Rights and Equality v. Gannon, 713 A.2d 222 (R.I. 1998).

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