Arrorney GENERAL oF TEXAS GREG ABBOTT Mareh 1, 2011 i ‘Mr. Warrent M.$/Emst City of Dallas City Atomey's Office 1500 Marilla Street, Rom 7DN Dallas, Texas 75201 ‘OR2011-02934 Deer Mr. Est ‘You ask whether certain information is subject to required public disclosure wnder the Public Information Act(the “Act”, chapter $52 ofthe Government Code, Your request was assigned [D# 412760. ‘The City of Dallas (the “ity” received sx requests for information pertaining toa specified Dallas Police Department investigation, including requests forthe following categories of information: 1) video recordings, 2) audio recordings, 3) photographs, 4) correspondence between two named individuals, 3) call logs, 6) dispatch logs, and 7) affidavits, You state the city does not possess any information responsive to the requests for video recordings, photographs, call logs, dispatch logs, and affidavits.! You also state the city will release ome of the responsive information, including the correspondence between the two named individuals. "You clain the submitted documents and audio recording are excepted from isclosure under section $52,101 of the Government Code, We have considered the ‘exception you claim mid reviewed the submitted information. We have also considered Comments submitted by one of the requestors. See Gov't Code § 552.304 (providing that fnterested party may sibmit comments stating Why information should or should not be released), ‘Section 5$2.101 of the Government Code excepts ftom disclosure “information considered to be confidential by aw, ether constitutional, statutory, or by judicial decision.” Gov't “ae Act does a equie a government body torelease infomation ha did ntexist When arequest {or infrmation was teceval ort prepare ne infermaton in esponstoarequest. See Econ Opportunites Fes ey bacamanie, 3628 W 24266 267-68 (Tex. Ci. App San Antonio 1978, writin’); Open ‘Recnds Decision Nos. 60512 (1092), 453 a3 (1986), 3622 (198)Mr, Warrent M.S, Emst~ Page 2 Code § 552.101. This seetion encompasses the docttne of common-law privacy, which protects information that (1) contains highly inimate or embarrassing facts, the publication ‘of which would be highly objectionable toa reasonable person and (2) isnot of legitimate ‘concer 10 the public. See Induc. Found v, Tex Indus. Accident Bd, 340 S.W.2d 668, 683-85 (Tex. 1976). To demonstrate the applicability of oommon-law privacy, both prongs of this text must be established. Id. at 681-82. The type of information considered intimate or embarrassing by the Texas Supreme Cour in Industrial Foundation ‘included information relating to sexual assault, pregnaney, mental or physical abuse in the ‘workplace illegitimate hildren, psychiatric treatment of mental disorders, attempted suicide, and injuries to sexual organs. 1d, at 683. Upon review, we find that none of the information at issue is highly intimare or embarrassing end of no legitimate public interest. Accordingly, ‘the city may not withheld any portion ofthe submitted information under seetion $52,101 ‘of the Government Cade in conjunction with common-law privacy. As you raise no further ‘exceptions to disclosure, the submitted information must be released “This letter ruling is limited tothe particular information at issue in this request and limited to the facts as presented to us; therefor, this ruling must not be relied upon asa previous determination regarding any other information or any other circumstances. ‘This ruling tiggers important deadlines regarding the rights and responsibilities of the governmental body andof the requestor. For more information concerning those rights and responsibilities, please visit our website at http /Avww.oag state tx usopen/index orl. php, fr all the Office of the Attomey General’s Open Government Hotline, toll fe, tt (877) 679-6839. Questions conceming the allowable charges for providing public information under the Act must be ditected fo the Cost Rules Administrator ofthe Office of the Attomey General, tll fre at (888) 672-6787 Sincerely, “Hea B Winger Leah B. Wingerson ‘Asistan Atiomey General (Open Records Division LBwit Ref ID#SI2760 Ene, Submitted documents — Requestors (wo enclosures)