Opinion
Opinion By: Andy Beshear,Attorney General;Gordon Slone,Assistant Attorney General
Open Records Decision
The issue presented in this appeal is whether Northpoint Training Center ("NTC") violated the Open Records Act in its disposition of inmate Uriah Pasha's open records request for prison video footage. For the reasons stated below, we find that NTC did not violate the Act.
Inmate Uriah Pasha (Appellant) made a request on July 30, 2018, for "a copy of the video footage (camera) July 11, 2018 between 1:00 p.m. and 2:59 p.m. that shows Uriah Pasha # 092028, activities which resulted in Disciplinary Report DR # : NTC-2018-03316." By letter dated July 30, 2018, Lisa Douglas, Offender Information Specialist, denied Appellant's request, relying on KRS 197.025(1), 1 as incorporated into the Open Records Act via KRS 61.878(1)(l). 2 Appellant then initiated this appeal.
Amy V. Barker, Assistant General Counsel, Justice and Public Safety Cabinet, responded on behalf of NTC. Ms. Barker's letter of August 20, 2018, concurred with NTC's denial of release of the security camera footage. She cited a line of Open Records Decisions that have upheld denial of prison security camera footage based on the security exemption of KRS 197.025(1). Ms. Barker explained why prison video footage, if released, would constitute a threat under KRS 197.025(1):
Video taken at the prisons contains information that may directly affect the security of the institution, including revealing the methods and practices used to obtain the video as well as the areas of observation and any blind spots for the cameras. It is not possible for an institution to edit or redact the security footage in a way that eliminates these security concerns.
In November 2011, this office, in a separate factual context, analyzed the recurring issue of requests for prison security footage and concluded that, in accordance with past decisions, the correctional facility properly exercised its discretion in denying an inmate request for a surveillance video because disclosure "would pose a security threat to other inmates and [facility] staff." 11-ORD-184. KRS 197.025(1) reflects a legislative commitment to "prohibiting inmate access to otherwise nonexempt public records where disclosure of those records is deemed to constitute a threat to security." 96-ORD-209 (cited in 11-ORD-184). It is the commissioner, or his designee, whose determination in this regard is controlling. Therefore, we find no violation of the Open Records Act by NTC in denying Appellant's request for the video recording.
A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General shall be notified of any action in circuit court, but shall not be named as a party in that action or in any subsequent proceeding.
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