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RECORDS OF THE NEW YORK POLICE DEPARTMENT’S USE OF VANS WHICH SCAN BUILDINGS AND VEHICLES FOR EXPLOSIVES AND DRUGS EXEMPT FROM DISCLOSURE; RECORDS RELATING TO THE HEALTH AND SAFETY EFFECTS OF THE SCANNING ARE NOT EXEMPT.

The First Department, partially reversing Supreme Court, determined certain records relating to the NYPD's use of Z-backscatter vans for terrorism-related surveillance were exempt from disclosure. The Z-backscatter technology uses radiation to scan buildings and vehicles for evidence of explosives and drugs. People are exposed to low levels of radiation by the devices. The Appellate Division held that information related to past uses of the vans was exempt from disclosure, but information related to the health and safety effects was not exempt:

NYPD has articulated a “particularized and specific justification for not disclosing” these records … . NYPD submitted an affidavit of Richard Daddario, NYPD's Deputy Commissioner of Counterterrorism, who averred that the vans are a highly specialized and nonroutine technology used to combat terrorism in New York City. Daddario explained that in light of the ongoing threat of terrorism, releasing information describing the strategies, operational tactics, uses and numbers of the vans would undermine their deterrent effect, hamper NYPD's counterterrorism operations, and increase the likelihood of another terrorist attack. * * *

The court … properly directed NYPD to disclose tests or reports regarding the radiation dose or other health and safety effects of the vans. Daddario's affidavit does not explain how general health and safety information about the van's radiation could be exploited by terrorists. Matter of Grabell v New York City Police Dept., 2016 NY Slip Op 03685, CtApp 5-10-16

FREEDOM OF INFORMATION ACT (RECORDS OF THE USE OF VANS BY THE NYPD WHICH SCAN BUILDINGS AND VEHICLES FOR EXPLOSIVES AND DRUGS EXEMPT FROM DISCLOSURE; RECORDS RELATING TO THE HEALTH AND SAFETY EFFECTS OF THE SCANNING ARE NOT EXEMPT)/SURVEILLANCE (RECORDS OF THE USE OF VANS BY THE NYPD WHICH SCAN BUILDINGS AND VEHICLES FOR EXPLOSIVES AND DRUGS EXEMPT FROM DISCLOSURE; RECORDS RELATING TO THE HEALTH AND SAFETY EFFECTS OF THE SCANNING ARE NOT EXEMPT)/POLICE (RECORDS OF THE USE OF VANS BY THE NYPD WHICH SCAN BUILDINGS AND VEHICLES FOR EXPLOSIVES AND DRUGS EXEMPT FROM DISCLOSURE; RECORDS RELATING TO THE HEALTH AND SAFETY EFFECTS OF THE SCANNING ARE NOT EXEMPT)/BACKSCATTER TECHNOLOGY (RECORDS OF THE USE OF VANS BY THE NYPD WHICH SCAN BUILDINGS AND VEHICLES FOR EXPLOSIVES AND DRUGS EXEMPT FROM DISCLOSURE; RECORDS RELATING TO THE HEALTH AND SAFETY EFFECTS OF THE SCANNING ARE NOT EXEMPT)

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