24-ORD-174
July 30, 2024
In re: Scott McDonnell/Department of Corrections
Summary: The Department of Corrections (“the Department”) did not
violate the Open Records Act (“the Act”) when it denied a request for
photos of a specific inmate that would pose a security threat to the
Penitentiary if released. KRS 197.025(1).
Open Records Decision
Scott McDonnell (“Appellant”) submitted a request to the Department for
photographs of a specific inmate. In response, the Department denied the request
under KRS 197.025(1) and KRS 61.878(1)(l) because the photos constitute a security
risk. This appeal followed.
Under KRS 197.025(1), “no person shall have access to any records if the
disclosure is deemed by the commissioner of the [Department of Corrections] or his
designee to constitute a threat to the security of the . . . correctional staff [or] the
institution.” KRS 197.025(1) is incorporated into the Act by KRS 61.878(1)(l), which
exempts from inspection public records the disclosure of which is prohibited by
enactment of the General Assembly. Specifically, the Department states that
photographs of an inmate pose a security risk because they can be used to create false
identification and facilitate escape, theft, or the impersonation of others.
This Office historically has deferred to the judgment of a correctional facility
in determining whether the release of certain records would constitute a security
threat. In particular, this Office has previously upheld the denial of photographs of
inmates under KRS 197.025(1). See, e.g., 21-ORD-005; 19-ORD-172; 16-ORD-
267. Accordingly, the Department did not violate the Act when it withheld
photographs of a specific inmate that, if released, would pose a security risk
under KRS 197.025(1).A party aggrieved by this decision may appeal it by initiating an action in the
appropriate circuit court under KRS 61.880(5) and KRS 61.882 within 30 days from
the date of this decision. Under 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 proceedings. The Attorney General will accept notice of the complaint
emailed to OAGAppeals@ky.gov.
Russell Coleman
Attorney General
/s/ Zachary M. Zimmerer
Zachary M. Zimmerer
Assistant Attorney General
#293
Distributed to:
Scott McDonnell
Michelle Harrison
Renee Day
Ann Smith