Hello,

Please note that OPRA removes the following information from the
definition of a “government record”:

·         Emergency or security information or procedures of any buildings
or facility which, if disclosed, would jeopardize security of the building
or facility or persons therein; and

·         security measures and surveillance techniques which, if
disclosed, would create a risk to the safety of persons, property,
electronic data or software.

See N.J.S.A. 47:1A-1.1. The video footage that you are requesting falls
squarely within the above exceptions, and is thus legally exempt from
OPRA. Public dissemination of such video footage could expose
vulnerabilities or weaknesses in the District’s security camera. The
District must protect the capabilities of its security system; public
release of this video footage would risk compromising same. Moreover, the
District’s paramount interest in ensuring the safety of its premises (and
its surveillance system), students, and staff clearly overrides your
purported interest.

            Additionally, the video footage contains images that clearly
identifies a student. Thus, this file comprises a protected student record
pursuant to FERPA, 20 U.S.C. 1232(g), that cannot be released in its
present form. Both FERPA and related New Jersey regulations, N.J.A.C.
6A:32-7.5, preclude educational institutions from disclosing student
records, including student names, initials, and personal identifying
information, to unauthorized third parties. The definition of “personal
identifying information” includes a student’s name or other information
that, alone or in combination, is linked or linkable to a specific student
that would allow a reasonable person in the school community, who does not
have personal knowledge of the relevant circumstances, to identify the
student with reasonable certainty. See 34 C.F.R. 99.3. 

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