 |
|
2003-87
 |
Final Decision |
|
Findings and Recommendations of Executive Director |
Final Decision
At its February 10, 2004 public meeting, the Government Records Council ("Council") considered the February 2, 2004 Findings and Recommendations of Executive Director and all related documentation submitted by the parties. The Council voted to adopt the entirety of said Findings and Recommendations. The Council dismissed the complaint finding that the custodian properly denied access to the requested information pursuant to N.J.S.A.47:1A-9 and N.J.A.C. 13:18-11.3c. Vincent P. Maltese, Chairman I attest the foregoing is a true and accurate record of the Government Records Council. Virginia Hook, Secretary Findings and Recommendations of Executive Director
Request made: February 27, 2003 Response made: March 10, 2003[1] Custodian: James Petersack, Custodian of Records GRC Complaint filed: July 9, 2003 Executive Director's Recommendations This case involves a request for the 2001 raw accident database of the New Jersey Motor Vehicles including the vehicle identification numbers (VINs) of vehicles that are in accidents. Pursuant to NJAC 13:18-11.3c, the Division of Motor Vehicle's "database and the information contained in it do not constitute public records." Therefore, the requested information is exempt from disclosure pursuant to NJSA 47: 1A-9 which states the following: "…the provisions of this act shall not abrogate or erode any exemption of a public record or government record from public access heretofore made pursuant to P.L.1963, c.73 (NJSA 47: 1A-1 et seq.); any other statute; resolution of either or both Houses of the Legislature; regulation promulgated under the authority of any statute or Executive Order of the Governor; Executive Order of the Governor; Rules of the Court; any federal law; federal regulation; or federal order." The Acting Executive Director respectfully recommends the Council find that:
Statement of Facts February 27, 2003 - OPRA Records Request Made to Custodian The requestor, Mr. Curtis Seldon of CARFAX, Inc., submitted a written request to purchase the 2001 raw accident database, including the VIN of the vehicles in accidents, to the Division of Motor Vehicles. March 3, 2003 - Custodian's written response to requestor advising request in progressThe custodian informed requestor the request was reviewed and in progress, indicating the availability of the documents sought and costs for the request. March 10, 2003 - Custodian’s written denial of request to requestor March 26, 2003 - Custodian’s follow-up clarification to requestor concerning denial of request In a follow-up letter from the custodian, James Petersack addressed the requestor’s claim that he had received similar information from the Department of Transportation that was now sought in the present case. He explained that the accident report was a DMV record and as such, was not reviewed or authorized for release by the DMV, and would have no bearing on the present request. The custodian advised that "DMV's database and the information contained in it are not public records. See, N.J.A.C. 13:18-11.3( c)." May 12, 2003 – Requestor's Response to Denial In this written response, CARFAX provides background of its company and its correspondence with custodian. Citing the previous letter of Mr. Petersack, the requestor identifies N.J.A.C. 13:18-11.3 (c) as a reason for the custodian's denial of these documents. The requestor claims that the intent of this law is to ensure that personal information is not released and individuals are not contacted for "the purpose of commercial solicitation for profit" or "political canvassing or campaigning." CARFAX does none of the above. In addition, the requestor states that it does not make the VIN available in any form whatsoever to the public. May 30, 2003 - Custodian's Denial #2 Custodian responds with a letter indicating the Division of Motor Vehicles' decision to not release this information remained the same. July 1, 2003 - Denial of Access Complaint Filed with GRC The complaint indicated the request for" the Vehicle Identification Numbers (VINs) of vehicles that are in accidents" was denied by the DMV custodian. In the supplemental statement, the requestor contended that CARFAX was previously able to access "New Jersey Vehicle-specific accident data, with the Vehicle Identification Number (VIN), through the New Jersey Department of Transportation's (DOT) website." The requestor indicated that in February 2003, the information was no longer listed on the DOT website. The requestor argued that N.J.A.C. 13:18-11.3( c) was not applicable to CARFAX because it did not "resell or use the accident information for the purposes of contacting individuals or for commercial solicitation." July 29-2003 - Mediation Forms Sent to Both Parties August 4, 2003 - Mediation Accepted by Requestor August 6, 2003 - Mediation Declined by Custodian (Phone Conversation) August 27, 2003 - Statement of Information Sent to Custodian September 5, 2003 - Submission of Statement of Information The custodian submitted all previous correspondences between the two parties. In addition, he denied the requestor the information for the following reasons:
Legal Issues and Considerations The requestor requested the "2001 raw accident database, which also includes the VIN of the vehicles in the accidents." Pursuant to N.J.A.C. 13:18-11.3( c), the Division of Motor Vehicle's "database and the information contained in it do not constitute public records." The Open Public Records Act does not abrogate other state law that restricts public access to public records. See N.J.S.A. 47:1A-9. Therefore, the custodian's denial of access was in accordance with the law. Conclusions The Acting Executive Director respectfully recommends the Council find that:
____________________ Paul F. Dice, Acting Executive Director Government Records Council Date: February 2, 2004 |
|
|||
| Copyright © State of New Jersey, 1996 - 2024 |
