ADV PR 99-02 (1999).

• Case Date: September 07, 1999
• Court: Rhode Island

Rhode Island Attorney General Opinions 1999. ADV PR 99-02 (1999). State of Rhode IslandDepartment of the Attorney GeneralADV PR 99-02 (1999)ADV PR 99-02 Narragansett Police Initial Arrest RecordsAdv. PR 99-02September 7, 1999Mark A. McSally, EsquirePier Professional TowersNarragansett, Rhode Island 02882Re: Narragansett Police Initial Arrest RecordsDear Mr. McSally:Your letter addressed to Attorney General Whitehouse has been referred to me for response.In your capacity as solicitor for the Town of Narragansett, you are requesting an advisory opinion under Rhode Island's Access to Public Records Act. You relate that the Narragansett Police Department received a letter from Steven Brown, Executive Director of the Rhode Island Affiliate of the ACLU, in which he challenges the Police Department's redaction of names of crime victims from its public arrest reports. Mr. Brown's letter contends that "arrest reports have long been deemed public records, and the name of the victim contained in those reports is no exception." Among other arguments, Mr. Brown asserts that there is nothing within the Access to Public Records Act which authorizes the redaction of a victim's name.As I am sure you are well aware, the Department of the Attorney General, in conjunction with the Police Chiefs' Association and open records advocates developed procedures and protocols which police departments could follow in order to facilitate making public records available to the public. With regard to redacting certain information contained on public records, the police departments were advised that there are circumstances where it may redact the name and address of the victim.As I am sure you are well aware, the purpose of the Access to Public Records Act is to provide the public with access to public records while protecting from disclosure information about individuals maintained that would constitute an unwarranted invasionMark A. McSally, Esq. September 7, 1999 Page Twoof personal privacy. Initial arrest reports and records of an adult are public records; however, the designation as a "public record" does not foreordain all information contained therein to be public.Quite to the contrary, pursuant to both statute and case law, there are circumstances where information, such as an individual's name, may be redacted from a "public...