You are here: / / Request for Mugshots and Identifying Information Re: Arrestees for Posting...

Request for Mugshots and Identifying Information Re: Arrestees for Posting on Petitioner’s Website Denied—Posting of Such Information Would Constitute an Unwarranted Invasion of Privacy

Petitioner sought mugshots and other identifying information re: arrestees from the NYC Department of Corrections (DOC) for posting on his website.  Petitioner charged a fee for removing a photo from the site.  DOC denied the request. Supreme Court denied the Article 78 petition seeking reversal of the DOC’s denial.  The Second Department determined DOC did not meet its burden of demonstrating the applicability of any of the statutory exemptions from disclosure in the Public Officers Law (DOC’s assertions were “conclusory”), but went on to determine release of the photos and information would constitute an unwarranted invasion of privacy and may endanger the life or safety of the arrestees:

The agency’s burden of demonstrating that the material requested falls within a statutory exemption “requires the [agency] to articulate a “particularized and specific justification for denying access”‘” … . ” Conclusory assertions that certain records fall within a statutory exemption are not sufficient; evidentiary support is needed'” … .

Pursuant to Public Officers Law § 87(2)(b), an agency “may deny access to records” where disclosure “would constitute an unwarranted invasion of personal privacy under the provisions of [Public Officers Law § 89(2)(b)].” “[W]here none of the [exemptions under Public Officers Law § 89(2)(b) are] applicable, a court must decide whether any invasion of privacy . . . is “unwarranted” by balancing the privacy interests at stake against the public interest in disclosure of the information'” … .

Here, the DOC proffered only conclusory assertions that denial of the requested records “would result in economic or personal hardship to the subject party,” which was insufficient to demonstrate the applicability of Public Officers Law § 89(2)(b)(iv) … . The DOC also failed to establish that any individuals received an express or implied promise of confidentiality from it, as required to demonstrate the applicability of Public Officers Law § 89(2)(b)(v) … .

In view of the DOC’s failure to demonstrate the applicability of any exemptions under Public Officers Law § 89(2)(b), this Court must determine whether disclosure would constitute an “unwarranted invasion of personal privacy” by ” balancing the privacy interests at stake against the public interest in disclosure of the information'” … . Here, the petitioner has not set forth any direct public interest in disclosure of the records at issue, which were sought for the sole purpose of posting personal information and photographs of individuals currently or formerly in the custody of the DOC on a website that collects payment in exchange for removing the photographs. On the other hand, the record reflects that the privacy interests of numerous individuals are implicated, including those individuals who were ultimately acquitted of any criminal charges and adolescents between the ages of 16 and 18 who are presently or were in the custody of the DOC. Consequently, under the particular circumstances of this case, a balancing of the privacy interests at stake against any public interest in disclosure necessitates a determination that disclosure of the records at issue would constitute an “unwarranted invasion of personal privacy” (Public Officers Law § 87[2][b]…). Matter of Prall v New York City Dept. of Corrections, 2015 NY Slip Op 04653, 2nd Dept 6-3-15

 

You might also like
NEITHER NEW YORK NOR PENNSYLVANIA IS THE HOME STATE OF THE CHILD IN THIS CUSTODY CASE; NEW YORK HAS JURISDICTION BECAUSE OF THE CHILD’S CONNECTIONS TO THE STATE; FAMILY COURT REVERSED (SECOND DEPT). ​
THE SEARCH WARRANT SEEKING CELL SITE LOCATION INFORMATION (CSLI) FROM THE NEW JERSEY CELL PHONE COMPANY WAS FAXED TO NEW JERSEY FROM NEW YORK; THEREFORE THE WARRANT WAS “EXECUTED” IN NEW YORK AND DID NOT VIOLATE THE NEW YORK CONSTITUTION OR CPL ARTICLE 690 (SECOND DEPT). ​
A DISMISSAL BASED UPON PLAINTIFF’S FAILURE TO APPEAR TO OPPOSE A MOTION TO DISMISS IS NOT A DETERMINATION ON THE MERITS AND THEREFORE HAS NO RES JUDICATA EFFECT (SECOND DEPT).
PROMPT MOTION TO STRIKE NOTE OF ISSUE AND CERTIFICATE OF READINESS SHOULD HAVE BEEN GRANTED, DISCOVERY WAS NOT COMPLETE.
A MOTION FOR LEAVE TO RENEW CAN BE BASED UPON A CLARIFICATION OF DECISIONAL LAW, BUT NOT, AS WAS THE CASE HERE, ON A DECISION APPLYING ESTABLISHED LAW TO THE FACTS (SECOND DEPT).
APPELLANT WAS SLOWING DOWN APPROACHING PLAINTIFF’S VEHICLE WHICH WAS STOPPED WHEN APPELLANT WAS STRUCK FROM BEHIND AND PUSHED INTO PLAINTIFF’S VEHICLE; APPELLANT WAS ENTITLED TO SUMMARY JUDGMENT DISMISSING THE COMPLAINT (SECOND DEPT).
Robbery Conviction Against Weight of Evidence—Hand In Pocket Not Evidence of Threat to Use Force
“Law of the Case” Does Not Bind Appellate Courts

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

As a Contingent Remainder of the Subject Trust, the “Charitable Trust”... Failure to Suppress Statement Was Not Harmless Error Because the Statement Undermined...