OLR Report 2013-R-0384 examines whether other states' freedom of information (FOI) laws exempt certain records from disclosure under a provision (1) generally protecting a person's privacy or (2) limiting disclosure of law enforcement investigatory records when disclosure would violate a person's privacy. It specifically looks at laws that might apply to crime scene photos, 911 tapes or transcripts, and autopsy reports.
The report found 11 states with general exemptions in their FOI laws limiting disclosure of records in order to protect personal privacy, with the majority of these states protecting against unwarranted invasions of privacy. FOI laws in an additional four states protect privacy but it is unclear whether these states' laws cover the records you asked about. Not included in this report are provisions that limit disclosure of personal information in personnel or medical files, as these provisions would not apply to the records under the circumstances described above. In addition, research focused on each state's FOI laws and it is possible that a provision could be found elsewhere in a state's statutes.
Most states' FOI laws limit disclosure of law enforcement investigative records. Some states prohibit disclosure of these records at any time while others only do so during an investigation. Some also limit disclosure to certain circumstances, such as protecting someone from physical harm, protecting investigative techniques, or protecting personal privacy. The report found eight states that consider personal privacy interests when determining whether to disclose law enforcement investigative records.
For more information, read the full report.
