Government – Open records requests, personal privacy exemption for rape suspect’s identity: Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government (COA 4/10/2009)

Lexington H-L Services, Inc. v. Lexington-Fayette Urban County Government
2008-CA-000068
04/10/2009
2009 WL 960826

Opinion by Judge Taylor, Judge Lambert and Senior Judge Graves concurred.

The Court affirmed a summary of the circuit court concluding that the personal privacy exemption of KRS 61.878 mandated redaction of a rape suspect’s identity in response to an open records request for a police file in a closed investigation.

The Court held that the circuit court properly concluded that the personal privacy exemption applied. Balancing the reasons for public disclosure against the suspect’s personal privacy interest, the Court concluded that, under the circumstances, the disclosure would constitute a clearly unwarranted invasion of personal privacy.

The Court further held that appellee’s blanket policy of identity redaction in all cases where a suspect was investigated but not arrested did not violate the Open Records Act