All documents reflecting audio and videotapes

The request was refused by Pinelands Regional School District.

Dear Pinelands Regional School District,

This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
All documents in whatever form, including electronic, with respect to the surreptitious audio and videotapes made of me by the Pinelands students in school year 2019-2020, including the metadata.

Yours faithfully,

Paul Dalnoky

Nicholas Brown, Pinelands Regional School District

Mr. Dalnoky,

As you are aware, I am the Business Administrator for the Pinelands
Regional Board of Education (the “Board”), which conducts and supervises
the schools of the Pinelands Regional School District (the “District”.) I
am in receipt of your November 15, 2021 OPRA request. Your OPRA request
sought the following:

• All documents in whatever form, including electronic, with respect to
the surreptitious audio and videotapes made of me by the Pinelands
students in school year 2019-2020, including the metadata.

On May 9, 2021, you made the following request:

• The meta data only, and not the actual videotapes, made of me
surreptitiously by your students during my teaching duties at your
high school. This information, inter alia, will allow me to know when
you received the videotapes, and thus your knowledge of the students'
actions and when you knew it.

On May 6, 2021, your request sought the following:

• Any document regarding your students' surreptitious audio and
videotaping of me during school year 2019-2020.

On April 25, 2021 you sought the following:

• With regard to the surreptitious audio and videotapes your students
made of me in the school year 2019-2020, all of the meta data in your
possession.

This is your fourth request for essentially the same records.

As previously noted in all prior communications, in this instance you are
seeking three audio/video recordings made by students in a high school
class, which show you. These, nor their meta data, would not be public
records subject to OPRA. Furthermore, the New Jersey Supreme Court has
recognized that “the common-law right of access to public records is not
absolute, [rather] one seeking access to such records must ‘establish that
the balance of its interest in disclosure against the public interest in
maintaining confidentiality weighs in favor of disclosure.’” Keddie v.
Rutgers, 148 N.J. 36, 50 (1997), quoting Home News v. State Dep’t of
Health, 144 N.J. 446, 454 (1996). You have failed to articulate a need for
these documents accordingly. I  must also deny access to any such records
under the common-law right of access.

 

However, as previously stated in all of my previous communications, I’d be
happy to schedule a time for you to come in and view the videos after
signing an appropriate privacy disclosure form, since you are the subject
of the video.

Thank you,

 

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