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PR 15-09 Fusaro v. Westerly Police Department – No Violation

The Complainant alleged that the Westerly Police Department ("Police Department") violated the APRA when it improperly denied her APRA request seeking "a copy of [her] police background check * * * including the detective notes." This Department was provided with copies of records the Police Department exempted from disclosure and determined that these documents contain information consistent with a background check on the Complainant, as well as information obtained from third parties.. Rhode Island General Laws § 38-2-2(4)(A)(I)(b) exempts from disclosure "[p]ersonnel and other 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 et. seq…[.] (Emphasis added). Considering the nature and content of the requested documents, as well as the arguments and evidence presented, there exists little to no public interest adequate to overcome the clearly unwarranted invasion of personal privacy that would result from disclosure.

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