~ The Ca Public Records Act is a means to gather name and address information not otherwise available. An Oakland, California Superior Court judge ruled that the Ca Dept. of Corrections was required to release names and addresses of parolees to a freelance journalist, who made the CPRA request. Reported by the California First Amendment Coalition.
Department of Corrections ordered to release data on recent parolees to freelance journalist
(CFAC 1/6/05)–An Oakland Superior Court judge has ruled that the California Department of Corrections must provide parolee information to a freelance journalist.
CDC had contended that providing the data would violate the California Information Practices Act (CIPA). James Chadwick, attorney for Sacramento-based writer Stephen James, argued that the California Public Records Act (CPRA) mandated release of the information. Superior Court Judge Steven Brick agreed. “Civil Code section 1798.24(g) expressly excepts requests made pursuant to the CPRA from the disclosure restrictions of the CIPA,” he said. Brick said the CDC’s refusal to disclose the requested information “was not well taken,” and ordered the state to pay all costs and attorney fees.
The CDC had also argued that disclosure to the reporter of names, addresses and other information on parolees would violate their privacy rights. Judge Brick’s order bars the reporter from publishing such information without the parolees’ consent.
Chadwick, a partner at DLA Piper Rudnick Gray Cary, is a member of CFAC’s board of directors.