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Certain GIS Data Exempt Says Commissioner
The Commissioner of Public Works for the State of Connecticut, James T. Fleming, has determined that a number of aspects of the Town's geographic information system (GIS) records implicate safety concerns and are exempt from disclosure under the Connecticut Freedom of Information Act. Commissioner Fleming has concluded that the data he has identified, if released into the public domain, may be of use to any person or group that is planning to carry out a violent political act that results in the death or injury to persons residing in or traveling through the town of Greenwich.

On June 28, 2005, the Town's Director of Information Technology received a request for the Town's current GIS data from Mr. Stephen Whitaker. Mr. Whitaker had previously requested GIS data in 2001 which resulted in decision of the Connecticut Supreme Court earlier this year with respect to the request litigated in that case. Since 2001, the data in the Town's GIS system has been replaced with new aerial photography and expanded levels of data. In his June 2005 request, Mr. Whitaker now seeks the new data currently in use in the Town's GIS system. Under a provision of the Freedom of Information Act enacted in 2002, the Town is required to notify the Commissioner of Public Works when there are reasonable grounds to believe disclosure of requested records may result in a safety risk, including the risk of harm to any person or government-owned or leased facilities and equipment.

Following a review of the current GIS data and consultation with Town officials, Commissioner Fleming has concluded that certain data layers implicate public safety issues. On August 29, 2005, the Commissioner directed the Town to withhold the identified exempt data.

The Town intends to comply with the Commissioner's direction and provide Mr. Whitaker with FOI access to the Town's non-exempt GIS data after the appropriate redactions can be made in accordance with the Commissioner's instructions.


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