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CT High Court Rules GIS Data Can Be Kept Secret [UPDATED]

kinema writes "A few days ago the Supreme Court of Connecticut ruled that the town of Greenwich's Department of Information Technology does not have to release the images and GIS data that the town keeps. The court found that mandatory disclosure of the data under the state's freedom of information statues is exempted under a recently passed state law that allows information to be kept secret 'when there are reasonable grounds to believe that their disclosure may result in a safety risk.' I'm sure I'm not the only one in the audience that has a hard time swallowing this. I am looking into filing a similar request to obtain the GIS data for the Portland Oregon metro area. As the data is currently available to anyone willing to shell out the nearly $900 per year, the local government isn't going to be able to argue that the data could be used by terrorists and should therefore be kept from the public which paid untold amounts for the data to be collected through their taxes." Update: 01/11 16:51 GMT by M : This story is incorrect. Although the case was just heard by the court, there has been no decision either for or against the disclosure of the GIS information.

11 of 243 comments (clear)

  1. Outrageous... by BJZQ8 · · Score: 4, Insightful

    Security Schmurity...if there is not a very, very compelling reason to keep people's noses out of such information...EVERYTHING should be released. I, for one, would like the rule to be if you want to come in and get it, it's TAXPAYER OWNED/FUNDED and you can do so. Short of plans for nuclear silos or locations of CIA monitoring stations, what compelling reason is there for not letting people know the location of water/gas services? Terrorists don't want to cause a water main break, they want to kill 1000's of people in spectacular attacks. In my opinion, it's just a cop-out so they don't have to do any extra work to provide it to the public.

  2. Re:Are you a map maker? by Omkar · · Score: 4, Insightful

    First, you and I may not need the information, but others may. Second, the theoretical right to see the information is more important than the information itself. As the source of our government's legitimacy, we have the right to know of its activities.
    Of course, this right must be curtailed in the interests of national security (this case is, however, ludicrous) and other citizens' privacy (as in your example of FBI files). But why shouldn't we have access to documents on the Kennedy assassination?
    Y'know, I'd rather have the government hampered by FOIA requests. It keeps it from meddling with my life.

  3. Greenwich CT??? by ekeup1 · · Score: 5, Insightful
    Why are we even remotely worried about the possibility of a terrorist incident in Greenwich, CT????

    I'd be much more worried about the VERY detailed satelite images available at http://terraserver.microsoft.com/.
    You can get sat images of ALMOST all of our military bases and probably every big city.

  4. Re:Maybe.... by Anonymous Coward · · Score: 1, Insightful
    If failure-analysis and worst-case-scenario data is public, at least the citizens will support (vote for, etc) what is needed to get these problems fixed.

    Keeping this kind of data secret only prolongs indefinitely the time that these holes are left open.

    I'd much much rather that the data was published broadly to the local media, and emergency measures taken to fix the problems -- instead of hiding the richest targets so noone fixes them.

  5. Security through obscurity by affliction · · Score: 5, Insightful

    is no security at all.

    I can go down to the airport and pay someone to take me an hour long tour around town. I'll take my new Canon 8 megapixel camera along. If I wanted to do some damage, those pictures are going to work just as will as the GIS pictures. Might cost me a little more in short term, but what does that matter?

    As an aside, Helena, Montana gives away GIS data to anyone who asks for it. The taxpayers of Helena payed for those pictures and that information in the first place. It's only right that we have free access to it. As a matter of fact, I have a hard drive around here with 10 gigs of photos and infrastructure maps of Helena and the surrounding area just for asking.

  6. Compelling reason is: don't get sued by AHumbleOpinion · · Score: 2, Insightful

    if there is not a very, very compelling reason to keep people's noses out of such information

    There is. If a bad person does something the town does not want to be the source of that person's information. There will be no shortage of ambulance chasing lawyers suing the town if something happened and the town had provided info of its own free will, as opposed to be compelled to by a court order.

    In my opinion, it's just a cop-out so they don't have to do any extra work to provide it to the public.

    It is naive to think that things are that simple. Things are far more complicated than most people around here realize.

    1. Re:Compelling reason is: don't get sued by AHumbleOpinion · · Score: 2, Insightful

      It's actually the earth that "provided" the info by having the various elevations that it has. Ohhh lets sue the earth. What a cop out statement. The town could not feasibly be sued for this and you know it. The information is already available from commercial sources; all this is is ignorance.

      If by "all this is is ignorance" you are referring to your own post, I agree. If you had bothered to read the article you would have known that the data involves more than terrain elevations.

      Secondly, it is irrelevant that the information could be obtained from a different source. If you are the source and you have deep pockets you will probably be sued. It does not really matter if you had behaved reasonably or within the law. You can still lose and/or you can be foreced to spend a lot of money defending yourself. Frivilous lawsuits happen. Sometimes they win.

  7. We *can* have an effect, people by ErichTheWebGuy · · Score: 2, Insightful

    Remember the recent fiasco about the National Weather Service wanting to give us access to our data, and people like Accuweather wanting to stop them? We screamed, and they listened.

    Granted, it was under a completely different set of circumstances. The govt. agency *wanted* to give us the data, it was a relatively minor threat of us losing access to it, etc. However, the point remains that we still live in a democracy. If enough people make enough noise, some politician is bound to at least raise a minor stink about it, if for no other reason than to pander to some people for some votes.

    So, having said that, write to your congressman and request that the data you paid for, and deserve to have, be made available to you.

    --
    bash: rtfm: command not found
  8. Re:Are you a map maker? by damiangerous · · Score: 4, Insightful
    Most FOIA requests are fishing expeditions that turn up with nothing

    How do you know what "most" FOIA requests return? No one tracks that sort of information. All you "know" is that crackpots online use the FOIA to further their conspiracies and you've spent so much time reading them that you project that onto everyone because you have no other real experience with it.

    The FOIA grants any information requested to the requester, given that such information exists and isn't vital to national security

    No, no it does not. That's just one of a long list of exceptions.

    Requesting the FBI file on yourself is clearly a right, but requesting the file on someone else? Not a right, IMO.

    Well, good, because you're right. It's not a right. Personnel, medical and similar files that would constitute a "clearly unwarranted invasion of personal privacy" are exempt from FOIA requests.

    Trying to finagle documents regarding the Kennedy assassination? Not a right, IMO.

    Why the hell not? For what possible reason should the official government proceedings regarding a very newsworthy event that happened over 40 years ago be hidden? Information relating to law enforcement proceedings are protected, when they have reason to be, but there's no conceivable reason for that.

    Personally, I'd rather see the roads fixed and utilities made more efficient than see a bunch of fat, sweaty geeks get their jollies by harrassing the government.

    Considering you need to pay for document research time and duplication for FOIA requests, no one except crackpots thinks it's a good way to "harrass" anyone.

    You can find the full text of the relevant Act here. I suggest you at least skim it.

  9. Re:Should we have less freedom because of fear? by Anubis350 · · Score: 2, Insightful

    so you're saying that the ideals that founded the US should have no place in its running now? tell me, without history, how can we understand the present. To use another quote "those who forget the past are doomed to repeat it".

    Benjamin franklin made his warning in response to the threats of his time, the threas have changed but the principle stands. The US was founded on a promise of freedom, a promise which has been shaped into a nation that has continually through its history attempted to strive for greater freedom. The dangers ben franklin saw were not simply the dangers of his time, but the danger that any free society faces.

    By understanding this we can continue to strive for greater freedom and continue to live the promise of this country. If we forget our ideals, let our freedoms fall by the wayside, eventually a tyrrany will form. There is no excuse for the sacrifice of freedoms save when they impinge on another's freedom, security is no exscuse. Technology does not change the fundamental rights of freedom this country was founded on, the answer to technology is to adapt to the technology while retaining our freedom, not to end freedom because of technological advancement.

    Massacres, wars, and terrorist acts are nothing new, the scale has changed, but the principle remains the same. and as always, cowing to terrorists by lessening our freedom means they have won, for they have accomplished their prupose, to destroy our society and its freedom, that which they despise...

    --
    "goodbye and hello, as always" ~Prince Corwin, from Zelazny's Amber series
  10. Red Herring? by hwestiii · · Score: 2, Insightful

    If I recall this from an earlier submission, the real issue isn't security at all, but economics, although the City of Greenwich has chosen the security issue to hide behind.

    It is my recollection that the person requesting the data is a businessman who wants the data for some sort of real estate sales analysis and is leveraging the public availability of the data to his economic advantage.

    This guy wants the full data set. I think the City will give him small chunks of it at a time with no problem, but sees giving out the full data set as essentially poor stewardship of tax payer resources.

    Who wouldn't agree? If I'd shelled out $10,000,000.00 for something, I'd be a little testy with someone expecting to get it for free.

    In short I question the motives of the person requesting the data, but more on grounds of economic exploitation that on grounds that he may be any sort of security risk.

    Having said that, one thinks they could come up with a better argument. "Security" has become so overused as an excuse to cut off debate on things in the past four years that we seem to have lost any sense of descrimination at all.