#public-records-act

#public-records-act

In response to a public records request by The Oaklandside, the department argued today that Martin's death did not happen during a "critical incident," and is therefore not subject to state laws governing the release of police body camera footage. The decision was made by Acting Police Chief James Beere. Beere determined that, under the state Public Records Act's public-interest balancing test exemption, and because the Community Police Review Agency, or CPRA, is investigating the incident, the video and audio recordings may be kept secret.

In an email yesterday, Assistant District Attorney David Angel said the DA's Office is troubled by the ACLU lawsuit because it seeks "thousands upon thousands" of private records that identify Santa Clara County individuals who have been charged with a crime. "We have provided the ACLU, and many others, with tremendous quantities of de-identified and aggregate data," Angel said. "We remain convinced that, especially in today's environment, people have a right to privacy concerning their records."