AN ACT CONCERNING THE DISCLOSURE OF SENSITIVE RECORDS.

The law exempts disclosure of certain records under the Freedom of Information Act, except to law enforcement agencies, if there are reasonable grounds to believe disclosure may result in a safety risk. Under current law, the Department of Public Works (DPW) commissioner determines reasonable grounds for municipal, district, regional, or executive branch agency records, after consulting with the agency's chief executive officer (CEO).

The bill narrows the DPW commissioner's role, requiring him to make the determination for records that may result in a safety risk to people at or on state-owned or –leased property. He must do this after consulting with the CEO of the agency with custody and control of the property. The bill requires the Department of Emergency Management and Homeland Security (DEMHS) to make the determination for all other municipal, district, regional, or executive branch agency records, after consulting with the agency's CEO.

The bill also exempts from disclosure any record a private source provides to a state agency or local emergency management agency or official for emergency planning, response, mitigation, or recovery if the DEMHS or DPW commissioner has reasonable grounds to believe disclosure may create a health or safety risk to any citizen of Connecticut.

Under current law, agencies must notify the DPW commissioner of FOIA requests. The bill requires them to notify the DEMHS commissioner also. It also allows appeals against the DEMHS commissioner, as is currently allowed against the DPW commissioner.

*Senate Amendment “A” adds the exemption for records privately provided to emergency management agencies and restores a provision in current law requiring the DPW commissioner to consult with the agency CEO when determining to exclude records.

Under existing law, “safety risk” includes the risk of harm to anyone or any government-owned or -leased institution or facility or any fixture or appurtenance and equipment attached to, or contained in, them. Government-owned or –leased institution or facility includes facilities owned or leased by a public service company, certified telecommunications provider, water company, or municipal utility that furnishes electric gas or water service. It does not include an institution or facility owned or leased by the federal government.

Records exempt from disclosure when there are reasonable grounds to believe they may result in a safety risk include:

1. emergency plans and emergency recovery or response plans;

2. security manuals or reports;

3. engineering and architectural drawings of government-owned or -leased institutions or facilities;

4. operational specifications of security systems used at any government-owned or –leased institution or facility, except for a general description and quality and cost of the system;

5. training manuals prepared for government-owned or -leased institutions or facilities that describe security procedures, emergency plans, or security equipment;

6. internal security audits of government-owned or –leased institutions or facilities; and

7. logs or other documents that contain information on the movement or assignment of security personnel at government-owned or -leased institutions or facilities.

Yea

Nay

(03/07/2006)

Yea

Nay

(03/17/2006)

Yea

Nay

(04/17/2006)