DEPARTMENT OF POLICE Isiah Leggett - MarCh 25: 2016 J. Thomas Manger County Executive . Chief of Police Alex Campbell, Reporter 7 BuzzFeed News Dear Mr. Campbell, I am responding to your email dated March 16, 2016 requesting under the Maryland Public Information Act, Title 4 of the General Provisions of the Maryland Code: Copies of unfounded rape cases reported to the FBI 2009 - 2013. Your Maryland PIA application to inspect the records of a criminal investigation undertaken by detectives in the Special Victims Investigations Division of the Montgomery County Police Department, regarding the circumstances of, and surrounding, the unfounded rape incidents, is being denied on the basis of the following statutory authorities (sections of the Maryland Public Information Act, as presented in the General Provisions Article of the Maryland Annotated Code): ?Part IV. Denial of Part of Public Record Section 4-343. In general. In' general. Unless otherwise provided by law, if a custodian believes that inspection of a part of a public record by the applicant would be contrary to the public interest, the custodian may deny inspection by the applicant of that part, as provided in this part. - a: Section 4-3 51. Investigation; intelligence information; security procedures. In general. Subject to subsection of this section, a custodian may deny; inspection of: (1) records of investigations conducted by the Attorney General, a State?s Attorney, a municipal or county attorney, a police I department, or a sheriff; (2) an investigatory file compiled for any other law enforcement, judicial, correctional, or prosecution purpose; or Public Safety Headquarters - 100 Edison Park Drive - Gaithersburg, Maryland 20878 - - C3 ANSWERING 301-251-4850 I I in! xv. (3) records that contain intelligence information or security procedures of the Attorney General, a State?s Attorney, a municipal or county attorney, a police department, a State or local correctional facility, or a sheriff. Circumstances under which denial permissible. -- A custodian may deny inspection by a person in interest only to the extent that the inspection would: (1) interfere with a valid and proper law enforcement proceeding; (2) deprive another person of a right to a fair trial or an impartial adjudication; (3) constitute an unwarranted invasion of personal privacy; (4) disclose the identity of a con?dential source; (5) disclose an investigative technique or procedure; (6) prejudice an investigation; or (7) endanger the life or physical safety of an individual.? The Special Victims Investigations Division?s investigatory ?le contains personal and . private information about the victims the disclosure of which, to a member of the general public, would likely cause distress, embarrassment, and perhaps humiliation, to the victims (especially if they were to become aware that the information had been disclosed to a member of the public). Section 10-618 of the MPIA authorizes the Montgomery County Police Department to maintain the con?dentiality of the records of investigation that you seek access to, unless you are a ?person in interest? regarding the investigatory records in question. Since you were not the subject of the police investigation, and you are not representing a person who was a subject of any of the pertinent police investigations, your MPIA request is not presented by a ?person in interest.? In accordance with the general rule of 10-618 of the State Government Article I have, in my capacity as the of?cial Custodian of Records of the Montgomery County Police Department, your request is denied. You have the right, under 4?3 62 of the General Provisions Article of the Maryland Code (a provision of the Maryland PIA), to seek judicial review of this denial of your Maryland Public Information Act application by ?ling a Complaint in either the Circuit Court for Montgomery County, Maryland, or in the Circuit Court of the Maryland county in which you reside. - Sincerely, Deborah Whims Custodian of Records ZlPage