Justice Jeffrey S. Brown
In a case of first impression, Travelers sought to direct the Nassau County Traffic & Parking Violations Agency to preserve red-light camera images or video from specific cameras related to an accident in anticipation of litigation. It also sought production and review of the images. Travelers noted a review of a police report indicated that both drivers stated they “had a green light.” The agency argued the material sought was specifically exempt from Freedom of Information Law (FOIL) under Public Officers Law §87(2)(k). The court noted the Red Light Camera Program was enacted to aid law enforcement and protect public safety. It found the Legislature amended the law to add subdivision “k” permitting an agency to deny access to records, including photos and video prepared under Vehicle & Traffic Law §1111-b. As such, the court said that lawmakers intended that the information contained on video or pictures obtained from a traffic-control signal photo violation-monitoring system should be excluded from information generally made available to the public. Hence, the motion was denied.
