We are thrilled to announce that in our case against Montgomery County Police Department, it has been determined that MCPD violated the MPIA by denying inspection of records related to an incident to which police responded in March of 2023.
The conclusion from the Maryland Information Act Compliance Board is as follows:
"Based on our review of the information we have, including the submissions and the
records that were withheld, we find that the MCPD violated the PIA when it denied
inspection of the use of force, CAD, and incident reports, and the officers’ body worn
camera footage in their entirety. Section § 4-301 does not apply because the records are
not privileged or confidential “by law,” as provided in § 4-301(a)(1), and the MCPD has
not demonstrated—and we do not find—that inspection would be “contrary to” any law
outside of the PIA, as provided in § 4-301(a)(2). Section § 4-307 does not apply because
the records are not records of “welfare for an individual” as contemplated by that
exemption. The MCPD has failed to meet its burden to justify discretionary denial under
§ 4-351(a) on grounds that the records reveal protected investigative techniques and
procedures, as it has not provided a particularized factual basis for invoking that exemption
in that way. At the same time, we conclude that disclosure of the individual’s identity
would constitute an unwarranted invasion of personal privacy, thus the MCPD must blur
or redact the individual’s face from the body worn camera footage. We thus direct the
MCPD to disclose the records with redactions to the “medical or psychological
information,” the detained individual’s “personal information,” and the detained
individual’s face in the manner detailed above. This information is exempt from disclosure
under § 4-329(a)(1) and (2) and § 4-351(a)."
We at BALT believe that there is no accountability without transparency. We will not stand for police hiding crucial information regarding an incident that is clearly within the public interest. Justice does not happen in the dark, we will continue to demand access to public information under the MPIA.