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PR 19-08 Gardiner v. Rhode Island Department of Public Safety; Gardiner v. Rhode Island Division of Motor Vehicles

The Complainant alleged that the Department of Public Safety ("DPS") and the Division of Motor Vehicles violated the Access to Public Records Act ("APRA") in responding to his APRA requests. The undisputed evidence indicated that the DPS withheld certain documents because disclosure could potentially compromise law enforcement interests. We found that nondisclosure under these circumstances did not violate the APRA. The undisputed evidence also indicated that DPS did not maintain documents responsive to the second portion of the Complainant's request. This contention was supported in affidavit form and not contested by the Complainant. We accordingly found no violations. With respect to the complaint against the Division of Motor Vehicles, we likewise found no violations. We found that where the requested records implicated an individual's privacy interests, under these specific circumstances, the Division of Motor Vehicles did not violate the APRA by affording the Complainant the opportunity to provide information about any public interest in disclosure of the documents to help inform the application of the balancing test. We also found that the Complainant's contention that the Division of Motor Vehicles failed to respond to his request within ten days did not constitute a violation because the Division of Motor Vehicles responded within the ten business days required by R.I. Gen. Laws § 38-2-7(b).

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