Texas Attorney General Open Records Letter Ruling: OR2000-0353 Page: Page3
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Ms. Bonnie Lee Goldstein - Page 3
redaction and determine that this information must be withheld pursuant to section 552.101
in conjunction with the common law right to privacy.
You next assert the social security number information should be excepted from disclosure
under section 552.108, which provides in part:
(a) Information held by a law enforcement agency or prosecutor that deals
with the detection, investigation, or prosecution of crime is excepted from the
requirements of Section 552.021 if:
(1) release of the information would interfere with the detection,
investigation, or prosecution of crime;
(2) it is information that deals with the detection, investigation, or
prosecution of crime only in relation to an investigation that did not
result in conviction or deferred adjudication; or
(3) it is information that:
(A) is prepared by an attorney representing the state in
anticipation of or in the course of preparing for criminal
(B) reflects the mental impressions or legal reasoning of an
attorney representing the state.
(c) This section does not except from the requirements of Section 552.021
information that is basic information about an arrested person, an arrest, or
Gov't Code 552.108. Generally, a governmental body claiming an exception under section
552.108 must reasonably explain, if the information does not supply the explanation on its
face, how and why the release of the requested information would interfere with law
enforcement. See Gov't Code 552.108(a)(1), (b)(1), .301(b)(1); see also Exparte Pruitt,
551 S.W.2d 706 (Tex. 1977). You state "the social security number is the only means an
officer has to make a correct identification of an individual detained or placed under arrest,
or ascertain their criminal history." Based on this representation, you thus argue:
If the information is deemed open, individuals, understandably, will be
reluctant to provide this information to peace officers with a legitimate need
for the information. Inability to obtain social security number information,
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Texas. Attorney-General's Office. Texas Attorney General Open Records Letter Ruling: OR2000-0353, letter, February 2, 2000; (texashistory.unt.edu/ark:/67531/metapth640879/m1/3/: accessed December 11, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.