Western Kentucky College has been present in violation of Kentucky’s Open Data Act after redacting data from Shaquille O’Neal’s “DJ Diesel” efficiency contract obtained by the Herald in a public data request.
In keeping with an open data resolution delivered by Lawyer Common Daniel Cameron on Wednesday, WKU did not cite an exception to the Open Data Act and “clarify the way it utilized to the document withheld.”
The Herald had requested entry to all contracts between WKU and “any and all businesses” representing Shaquille O’Neal, also referred to as “DJ Diesel,” who carried out on campus on Oct. 21. The publication acquired O’Neal’s private look contract for the occasion, however the “hospitality rider” part of the contract was absolutely redacted.
The Herald was instructed by Lindsey Carter, assistant normal counsel, that the knowledge is “thought-about proprietary and is redacted pursuant to KRS 61.878(1)(c).”
The Herald filed an open data attraction to Cameron’s workplace on Nov. 8.
Cameron’s resolution states that, beneath KRS 61.880(1), an company’s clarification of why a document was withheld should “present explicit and detailed data.”
“As a result of the College merely acknowledged that the knowledge was ‘thought-about proprietary’ with out clarification, the College violated the Act,” the choice reads.
WKU’s response to the Herald’s attraction acknowledged that the knowledge contained within the redacted hospitality rider pertains to “artist desire for particular merchandise, transportation and lodging which comprise precise or anticipated enterprise relationships,” and “upon data and perception” is mostly acknowledged as confidential within the leisure business.
Cameron’s resolution states that this “data and perception” is predicated on illustration given to WKU by Wasserman Music/Mine o’Mine Holdings, the organizations behind O’Neal’s contract. In keeping with the choice, with a purpose to “maintain its denial beneath KRS 61.878(1)(c)1,” WKU should first show the hospitality rider was “confidentially disclosed to it.”
“The College merely states the non-public entity requested it to redact the Hospitality Rider after receiving notification of the Appellant’s request,” the choice states. “This, with out extra, is inadequate to indicate that the knowledge was ‘confidentially disclosed’ to the College.”
Cameron’s resolution goes on to listing objects typically acknowledged as confidential, similar to “non-public monetary affairs,” “commerce secrets and techniques, funding methods, financial standing, or enterprise buildings” and “the tactic for figuring out (a) contract worth.” The choice notes that the frequent issue amongst this stuff is the “perception they supply into the inner operations of the entity making the disclosure to the general public company.”
In keeping with the choice, WKU should present that disclosure of the hospitality rider would “allow an unfair business benefit to rivals of the entity that disclosed it.” The choice states that the college “has not even alleged this to be the case.”
“A ‘naked assertion that [a private entity has] requested the [agency] to deal with … data as confidential’ is inadequate to maintain a denial beneath KRS 61.878(1)(c)1,” the choice states. “Accordingly, the College has failed to satisfy its burden of proof that the Hospitality Rider is exempt from disclosure. Thus, the College violated the Act when it redacted the Hospitality Rider from the contract.”
Because the Lawyer Common’s resolution doesn’t order WKU to offer an un-redacted copy of the contract, the Herald has filed one other open data request. Cameron’s resolution could be learn in full right here.
Co-Editor-in-Chief Jake Moore could be reached at [email protected] Observe him on Twitter @Charles_JMoore.
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