Bulletin THE
News and information for the Wisconsin newspaper industry
July 2014
... among the world’s oldest press associations
WNA Brokers Deal for Redacted State Law Enforcement Records On Tuesday, June 3, 2014, the Wisconsin Newspaper Association (WNA) hosted a summit in Madison to address the ongoing redaction of local law enforcement records throughout Wisconsin. The gathering included representatives from media and local government associations, as well as municipal insurers. As a result of the June talks, local government representatives and insurers have agreed to recommend that their members/clients release un-redacted records containing “personal information” derived from the Department of Motor Vehicles database. The release of an un-redacted record will be contingent upon the record requester completing a form indicating that the use of the information satisfies exception 14 of the Driver Privacy Protection Act (DPPA) — specifically, that the “use is related to the operation of a motor vehicle or public safety.” In 2008, Attorney General Van Hollen opined that exception 14 of the DPPA applies to the newsgathering process: “[W]e believe that public records disclosure of Uniform Traffic Citations, driving-related warnings, Uniform Accident Reports and their attachments, and other law enforcement records related to vehicular accidents, driving violations and driver status facially constitute uses in connection with a matter of motor vehicle and/or driver safety.” “Public safety” is the operative term for the purpose of media reliance upon DPPA exemption 14. The media has long reasoned that reporting on local affairs is, among others, a matter of public safety. To that end, municipal representatives/insurers have drafted the following form. While the WNA and its legal representatives believe the form is more comprehensive than necessary, it is, nonetheless, a worthwhile compromise, pending the issuance of a binding appellate court decision favoring media access. Such a
decision could be a year in coming. Signing the form does not alter the custodians’ duty to comply with both the Open Records Law and the DPPA (including confirming that disclosure is not prohibited by the DPPA).
The League plans to run an article in its member publication on September 1 highlighting the temporary compromise and recommending use of the form. They have indicated that they will inform municipal attorneys of the agreement and will post information on their web page for the membership in early August.
Similarly, signing the form does not change the requester’s duty to comply with the intent of the “public safety” use when publishing the information.
Please contact WNA Executive Director Beth Bennett with any questions regarding the completion of the form or the status of the pending court case that addresses the redaction issue.
Bottom line, in order to receive an un-redacted record, the requester will be required to verify that the use of the information is, at a minimum, “related to . . . public safety,” pursuant to DPPA exception 14.
Click the image below to access the DPPA Redaction Form. [City or Village of] ____________________________
DPPA exception 14 should be cited in response to the following question on the form: “Reason for request of particular items of “personal information” or “highly restricted personal information.”
LIMITED VEHICLE/DRIVER RECORD INFORMATION REQUEST FORM Required for Disclosure of Personal Information or Highly Restricted Personal Information The Federal Driver Privacy Protection Act (DPPA) (18 U.S.C. § 2721) prohibits the disclosure of certain “personal information” or “highly restricted personal information” which originates from a State motor vehicle record. Under current controlling law, disclosure of each item “personal information” or “highly restricted personal information” must be justified by the specific permissible use identified below. Failure to provide such justification may result in redaction of the record requested. Such information shall not knowingly be disclosed or otherwise made available without the express consent of the person to whom the information pertains or unless specifically permitted by the DPPA. For purposes of determining whether such information should be released or redacted, please complete and return this form.
PRINT LEGIBLY I.
The League of Wisconsin Municipalities has offered the following responses as acceptable examples when completing the form and citing DPPA exception 14.
Requester Information
Date of Request: _______________________
Requester Phone #:_________________
Requester Name and Company:________________________________________________ Requester Address:_________________________________________________________________ II. Requested Information Type of records sought: _____________________________________________________________ Dates of records sought: ____________________________________ Name of person about whom records are requested, if known: ________________________________________ Reason for request of particular items of “personal information” or “highly restricted personal information”: ___________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________
1) For use under the Open Records Law in relation to motor vehicle or public safety; or,
III. Authorization I/We are authorized under the Driver’s Privacy Protection Act to obtain the identified records containing personal information based upon the following: Circle all that apply: 1.
a. b. c.
2) For use in news gathering and/or reporting as authorized under the Open Records Law in relation to motor vehicle or public safety. Section II of the form identifies the type of personal information being requested. The League has indicated that it will recommend that municipalities not release personal information (i.e., redact) unless a response is cited in Section ll.
Authorized for use, if Requester has obtained the written consent from the person about whom the information pertains. I am requesting a copy of my own record. I am a parent or legal guardian or a minor child and I am requesting a copy of his/her record. I am requesting the record of another person and have attached their written and notarized consent.
2.
For use in connection with matters of a motor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls or advisories; performance monitoring of motor vehicles, motor vehicle parts and dealers; motor vehicle market research activities, including survey research; and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of the Automobile Information Disclosure Act, the Anti-Car Theft Act of 1992, and the Clean Air Act.
3.
A government agency (Federal, State, local, or tribal) or employed by such, for the purposes of the government agency to carry out its official functions.
4.
A Federal, State, Circuit, local, or tribal court, or employed by such, for the purposes of the court to carry out its official functions.
WNA Board Elects Three Directors at Quarterly Meeting The Boards of Directors of the Wisconsin Newspaper Association and the Iowa Newspaper Association held joint quarterly meetings in mid July at the Wilderness Lodge resort in Wisconsin Dells. Three new WNA directors were appointed to three-year terms on WNA Boards. Marilyn Krause was appointed a Marilyn Krause director of the WNA Foundation, which works to improve the quality and future of the state’s newspaper enterprises, the industry and the communities they serve. Krause manages financial and administrative operations for the Milwaukee Journal Sentinel, as well as labor negotiations, newsroom training, recruiting and hiring, and community outreach. Krause is also director of the Milwaukee Press Club, and served in the board of the MidAmerica Press Institute. She was appointed in place of Chris Apel, vice president of production and financial planning and analysis at the Milwaukee Journal Sentinel. Apel moved to the WNA Board when Jennifer L. Peterson left the same publication. Heather Rogge, publisher of the Daily News in West Bend and the Cedarburg News Graphic, was appointed to the WNA Board.
The publications are owned by Conley Publishing, a company Rogge has worked with for 20 years. She also serves as advertising director for Lakeshore Newspapers, and is the general manager of the free-distribution Sunday Post. Rogge was appointed to take the place of Ann Richmond, publisher of The Daily Reporter in Milwaukee, who was named WNA Treasurer when Bill Johnston, publisher Heather Rogge of the Wisconsin State Journal, retired. Kevin Clifford, associate publisher of the Watertown Daily Times, was appointed to the Clifford is also general manager of one of the Watertown Daily Times’ sister papers, the Dodge County Independent News in Juneau. Clifford is the fourth generation in his family to be affiliated with the newspapers and the parent company, Times Publishing. Clifford was appointed in place of Mike Beck, Wausau Daily Herald. Beck moved to the position of third vice president when Genia Lovett, president and publisher of The Post-Crescent in Appleton, retired. Susan Patterson Plank, sales and marketing advertising direc-
tor for Customized Newspaper Advertising (CNA), presented a sales report for FY14 through the date of the meeting. The INA manages the WNA’s display and network ads, in addition to its own. Plank said ad sales are generally lower, though the last few months exceeded budget expectations. Sales are expected to be steady through the end of the year, Kevin Clifford she said. The WNA Board also approved the hire of a new communications director to replace Mary Callen. Holly Henschen, formerly editor of trade magazine and website Food Manufacturing, was chosen for the position. Henschen previously worked for the International Dairy-Deli-Bakery Association in Madison, as well as Dow Jones Newswires in New York City. The board approved an upcoming move for the WNA offices from 1901 Fish Hatchery Road in Madison. The WNA will provide more information on the new location as it becomes available. The next quarterly WNA Board meeting is set for Nov. 6, 2014 in Madison.