ISCC "OPEN HOUSE" REMOVES JUSTIFICATION FOR PUBLIC RECORD EXEMPTION CLAIMS

For years, the IDOC has denied the public access to video footage of prison surveillance cameras under the theory that the footage would disclose camera angles and building construction that could represent a security threat were the public have that information. Other than footage used in lawsuits stemming from beatings or other violence (which, once used in court become a matter of public record unless specifically sealed by the court) - the public is blindfolded by the state.

On April 13, 2023 the ISCC held an "Open House", giving the public an opportunity to walk through the prison on escorted tours, looking into carefully prepared, regimented and recently cleaned/painted areas of the prison that are normally inaccessible by the public. While [public] open house tours used to be done at least once a year, the tours were halted when the pandemic struck. It has also been a tradition that the state legislature will tour facilities at least once during each legislative session.

Most interesting was that while several groups of visitors were being regaled with how well some privileged prisoners handled dogs in their charge, many of the visitors, rather than watching the staged demonstrations were actually looking into the control center of the housing unit, directly at the monitors used to display the feeds of static cameras mounted in each of the 3 "tiers" on the unit and in the main corridor outside the unit. These are the exact video data that are being denied to citizens under exemptions set forth in Title 74 Idaho Code, the Idaho Public Records Act (IPRA).

When one looks at the IDOC website Public Records portal, there is a notice on that page which states that any video or audio records are exempt from disclosure per Idaho Code §74105(4)(a)(i). That section of code exempts "Records of which the public interest in confidentiality, public safety, security and habilitation clearly outweighs the public interest in disclosure as identified pursuant to the authority of the state board of correction under section 20-212, Idaho Code". Effectively, this is nothing more than a catch-all statute.

According to staff, these public tours of the prison by visitors included access to areas where camera feeds are visible through control unit windows, including the master (or Central) control unit for the entire facility and the Close Custody (maximum security) unit. For the state now to deny access to video footage based solely on concerns that the public cannot be allowed to see the areas of coverage and capabilities of cameras is completely unfounded. In courtroom parlance, the state has [ironically] 'opened the door' to this issue.

If you want to receive public records from the IDOC, you can use the Public Records link in the sidebar of this page. You can receive these records via email, regular mail or you can set an appointment to review the records on site. While some records may be legitimately exempt from disclosure by law, you have the right to appeal the denial of the records to the courts. You can also seek records from any state agency or commission by contacting [their] records custodian, usually listed on their official website.

Either the tours of the ISCC by members of the public were a major breach of security, or there is no longer - if there ever was - justification for denying these video records.

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