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Thursday, June 18, 2015

PATRICIA GILLERAN VS. THE TOWNSHIP OF BLOOMFIELD AND LOUISE M. PALAGANO A-5640-13T4

PATRICIA GILLERAN VS. THE TOWNSHIP OF BLOOMFIELD AND 
LOUISE M. PALAGANO 
A-5640-13T4 

The Open Public Records Act (OPRA) does not include a blanket exemption for video recordings made from an outdoor security camera. To justify denying an OPRA request pursuant to the definitional exclusions contained in N.J.S.A. 47:1A-1.1 for "security information," "procedures," "measures," and "techniques," the government agency must make a specific showing of why disclosure would jeopardize the security of the facility or put the safety of persons or property at risk. 
Because we agree with the trial court that the township did not make a sufficiently specific showing for an exemption, we need not decide whether N.J.S.A. 47:1A-5(g) requires a government agency to review requested recordings and redact only actual confidential information, as argued by plaintiff and the ACLU. Such a requirement of review and redaction seems impractical and virtually impossible to implement when the request is for lengthy surveillance recordings, such as the fourteen hours of recordings requested here by plaintiff.