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Accident Report- Disclosure

By: Derek Hawkins//May 17, 2016//

Accident Report- Disclosure

By: Derek Hawkins//May 17, 2016//

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WI Court of Appeals: District III

Case Name: New Richmond News and Steven Dzubay v. City of New Richmond

Case No.: 214AP1938

Officials: Stark, P.J., Hruz and Seidl, JJ

Focus: Accident Report- Disclosure

New Richmond News and its publisher, Steven Dzubay, (collectively, the Newspaper) requested two accident reports and two incident reports from the City of New Richmond Police Department, pursuant to Wisconsin’s public records law. The police department ultimately provided the reports, but it redacted information identifying individuals referenced in both of the accident reports and one of the incident reports. Relying on Senne v. Village of Palatine, 695 F.3d 597 (7th Cir. 2012), the police department contended these redactions were required by the federal Driver’s Privacy Protection Act (DPPA). The Newspaper then sued the City of New Richmond, alleging the police department’s failure to provide unredacted copies of the requested reports violated the public records law. The circuit court granted the Newspaper judgment on the pleadings, concluding the DPPA did not prohibit the department from providing unredacted copies of the reports. We conclude the police department was permitted to release unredacted copies of the accident reports requested by the Newspaper, pursuant to the DPPA exception allowing disclosures specifically authorized under state law, if such use is related to the operation of a motor vehicle or public safety. See 18 U.S.C. § 2721(b)(14). Wisconsin law specifically requires police departments to release accident reports upon request. See WIS. STAT. § 346.70(4)(f).We therefore affirm the circuit court’s decision with respect to the accident reports.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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