Open Records and SSI – Practical
Considerations and Case Studies
ACI LEGAL AFFAIRS CONFERENCE-SAN DIEGO
Moderator: Helen Berkman, Denver International Airport Panelists: Starla Matthews, Transportation Security
Administration
Peter Kirsch, Kaplan Kirsch & Rockwell Amy Gonzalez, San Diego Airport Authority
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Participants
Denver International Airport Helen Eckardt Berkman
Assistant City Attorney – City and County of Denver Transportation Security Administration
Starla R. Matthews
Supervisory Counsel – San Diego
San Diego Airport Authority Amy Gonzalez
Counsel
Peter Kirsch Partner
Kaplan Kirsch & Rockwell
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Open Records and SSI
OPEN RECORDS ACTS - THE BASICS
Public Records open to inspection at all times PUBLIC RECORDS – DEFINED
DEADLINES EXCEPTIONS
PUBLIC SAFETY OR SECURITY DETAILS
CONTRARY TO FEDERAL OR STATE LAW PERSONALLY IDENTIFIABLE INFORMATION
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Open Records and SSI
OPEN RECORDS ACTS - THE BASICS
Public Records open to inspection at all times
PUBLIC RECORDS – DEFINED
DEADLINES
IMMEDIATE 3 TO 14 DAYS.
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Exceptions
PUBLIC SAFETY OR SECURITY DETAILS
STATE EXCEPTIONS MAY BE BROADER OR NARROWER THAN THE FEDERAL DEFINITION. USUALLY, JUST DIFFERENT.
eg.; Colorado: “specialized details of security arrangements” eg.; Virginia:
“Documentation or other information that describes the design, function, operation or access control features of any security system…”
“Plans and information to prevent or respond to terrorist activity, the disclosure of which would jeopardize the safety of any person…”
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Exceptions
CONTRARY TO FEDERAL OR STATE LAW
SENSITIVE SECURITY INFORMATION: 49 CFR §1520.5 SECURITY PROGRAMS AND CONTINGENCY PLANS SECURITY DIRECTIVES
PERFORMANCE SPECIFICATIONS (DEVICES AND EQUIPMENT)
SECURITY SCREENING INFORMATION SYSTEMS SECURITY INFORMATION
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Exceptions-continued
PERSONALLY IDENTIFIABLE INFORMATION
FEDERAL DEFINITION OF SSI INCLUDES:
INFORMATION THE DISCLOSURE OF WHICH WOULD
“CONSTITUTE AN UNWARRANTED INVASION OF PRIVACY…”
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Practical Considerations
TO PROTECT INFORMATION THAT MAY BE “DETERMINED BY THE TSA TO BE SSI”
KEEP AND MAINTAIN LINE OF COMMUNICATION WITH TSA REQUEST A RULING FROM TSA FOR ANY DOCUMENT WHERE
YOU ARE NOT SURE IF IT IS SSI OR NOT. MEETING DEADLINES
COMMUNICATE WITH REQUESTOR EXACTLY WHAT YOU ARE
DOING AND WHEN TO EXPECT A RESPONSE
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Practical Considerations
SSI CAN BE KEPT IN AGENCIES OTHER THAN AIRPORT,
INCLUDING AGENCIES THAT HAVE NO EXPERIENCE WITH SSI OR WHAT IT IS.
POLICE DEPARTMENT
PLANNING AND BUILDING DEPARTMENT OFFICE OF EMERGENCY PREPAREDNESS FIRE DEPARTMENT
WHAT IF EMPLOYEE OR EMPLOYER ASKS FOR RECORDS SUCH AS THEIR BADGING RECORDS?
WHAT ABOUT ANOTHER AGENCY – SUCH AS FBI OR POLICE DEPARTMENT?
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Sample – Video Request
SUBPOENA DUCES TECUM
To: Manager of Aviation October 1, 2010
THE TOTAL NUMBER AND IDENTIFICATION BY
MANUFACTURER AND MODEL NUMBER OF EVERY SURVEILLANCE CAMERA STATIONED ON THE LEVEL 4 EAST TERMINAL “ARRIVALS” AREA OF THE
AIRPORT.
A TWO-MINUTE “SAMPLE” VIDEO FROM EVERY SURVEILLANCE CAMERA ON THE SAME LEVEL BETWEEN 09:00 AND 09:15 AND SHOWING FULL PANNING RANGE FOR EACH SUCH CAMERA.
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Sample – Document Request
We are looking for a copy of all DAILY
OPERATIONS LOGS at San Diego International
Airport from January 1, 2011 to June 1, 2011
including but not limited to all entries that detail
responses to incidents and injuries and
inspections for the purpose of repair or
maintenance of moving walkways.
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Sample – Document Request
We are looking for a copy of Denver International Airport’s aircraft accident/crash plan and any
supporting documents that detail responses to aircraft accidents at the airport.
As you know, state law requires a response to CORA requests within three business days. Please call or
email if you have questions or if there will be a cost for this request.
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Sample – Document Request
PLEASE PROVIDE A COPY OF THE CONSTRUCTION “AS-BUILT” DRAWINGS FOR CONCOURSE B AT
CHARLESTON INTERNATIONAL AIRPORT, INCLUDING BUT NOT LIMITED TO THE INTERNATIONAL LOUNGE AND CUSTOMS AREA.
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Sample – Document Request
Pursuant to the state open records law, Colo. Rev. Stat. Secs. 24-72-101 to 24-72-402, I write to request access to and a copy of any and all lists, spreadsheets, reports or other documents providing the current number of airport employee badges issued to each company operating at the Denver International Airport.
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Sample – Document Request
I AM REQUESTING A LIST OF ALL EMPLOYEES OF DEICING CONTRACTORS CURRENTLY HOLDING AIRPORT BADGES AT PHILADELPHIA
INTERNATIONAL AIRPORT.
FURTHER, A COPY OF ALL BADGE APPLICATIONS FOR THESE EMPLOYEES.
FURTHER, A LIST OF ALL EMPLOYEES OF DEICING CONTRACTORS WHOSE BADGES WERE TERMINATED IN THE PAST YEAR.
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Sample – Document Request
I AM REQUESTING ACCESS TO DOCUMENTS
PERTAINING TO SECURITY STAFFING LEVELS AT BOSTON LOGAN INTERNATIONAL AIRPORT.
SPECIFICALLY, I SEEK:
STAFFING LEVELS OF PRIVATE SECURITY GUARDS FOR THE YEARS 2005 T0 2011.
STAFFING LEVELS OF AIRPORT POLICE OFFICERS FOR THE YEARS 2005 TO 2011.
Resources
http://www.tsa.gov/SSI
http://www.tsa.gov/research/index.shtm
http://www.tsa.gov/assets/pdf/stakeholder_brochure.pdf
49 CFR §1520.5 (Sensitive Security Information)
http://www.rcfp.org (Reporters Committee for Freedom of
