Anyone had an Open Record Act request for the police fingerprint card made when a person is arrested? This seems like information that should not be subject to public review. * Are fingerprints a "fact concerning the arrest, including the cause of arrest and the name of the arresting officer" that must be made available? * Anyone know of any privacy or confidentiality requirements relating to fingerprint records? I've not found anything under Oklahoma law (other than as to juveniles, or for realtor records if the information is not otherwise publicly available). Appreciate any insight. Jonathan E. Miller City Attorney City of Mustang 1501 N. Mustang Road Mustang, Oklahoma 73064 Telephone: (405) 376-7746 Facsimile: (405) 376-7721 This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.

Fingerprint cards (or now digital records) would certainly be a LE record subjecting them to 24A.8. But I don't think they meet any of the criteria for mandatory disclosure under sub-A. Under sub-B(1), I can't think of what compelling reason there would be for a Court to say that we would have to disclose the record that otherwise is not subject to mandatory disclosure under sub-A. Moreover, since the vast, vast majority of prints are taken per the mandate in 74 O.S. 150.9, we are collecting these records for OSBI to submit to OSBI for their database. Put differently - go get them from OSBI! (And good luck with that). As for privacy concerns, take a look at the discussion under the 3 question submitted in 2012 OK AG 22. There, the AG was responding to a question about invasion of privacy and mug shots. The ultimate conclusion was that, whether there's a privacy concern or not, mug shots show an arrestee description and must be provided under 24A.8(A)(1). But the discussion about privacy includes a reference to the Restatement (second) of Torts that includes a discussion of mugshots *and fingerprints*. Now, the discussion therein focuses on disclosure of records of people who were convicted, and how that could cast a person in a false light. But I think we still have arguments to make, even for those convicted, that fingerprints are private. Think about how many electronic systems can use fingerprints as a key to gain access to a phone, security door, etc. Granted, technology is moving away from fingerprints and towards facial recognition or other keys/factors for authentication. But I think this gives you an argument to make about the agency's reason for withholding. On Tue, Dec 6, 2022 at 3:26 PM Jon Miller <JMiller@cityofmustang.org> wrote: > Anyone had an Open Record Act request for the police fingerprint card made > when a person is arrested? This seems like information that should not be > subject to public review. > > * Are fingerprints a "fact concerning the arrest, including the cause > of arrest and the name of the arresting officer" that must be made > available? > * Anyone know of any privacy or confidentiality requirements relating > to fingerprint records? I've not found anything under Oklahoma law (other > than as to juveniles, or for realtor records if the information is not > otherwise publicly available). > Appreciate any insight. > > Jonathan E. Miller > City Attorney > City of Mustang > 1501 N. Mustang Road > Mustang, Oklahoma 73064 > Telephone: (405) 376-7746 > Facsimile: (405) 376-7721 > > > This email is sent by the City Attorney and may contain information that > is privileged or confidential. If you received this email in error, please > notify the sender by reply email and delete the email and any attachments. > If you are a and officer, employee or agent of the City of Mustang, you > should not share this email with others. Sharing this email may result in > a loss of the attorney-client privilege. > > -- > Oama mailing list -- oama@lists.imla.org > To unsubscribe send an email to oama-leave@lists.imla.org >