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RENO NEWSPAPERS v. HALEY
234 P.3d 922 (2010)
Supreme Court of Nevada.
July 1, 2010.
Nonetheless, we recognize that an individual's privacy is also an important interest, especially because private and personal information may be recorded in government files. See, e.g., CBS, Inc. v. Block,42 Cal.3d 646, 230 Cal.Rptr. 362, 725 P.2d 470 (Cal.1986). In considering the privacy arguments made by Haley on behalf of permit holders, we consider the argument advanced by the government in this case. See NRS 239.0113(2); DR Partners, 116 Nev. at 621, 6 P.3d at 468 (stressing that the burden of proof is on the government agency to show why information contained in a record should not be disclosed to the public). Haley argues that if permit records were available to the public, permit holders and the public would be at risk because potential attackers would know that they were armed, or may burglarize their homes to steal their weapons.1 Although we have not previously addressed the concerns raised by Haley, we find the California Supreme Court's analysis in Block to be persuasive. In Block, the California Supreme Court considered whether applications and licenses for concealed firearms were confidential under California law. 230 Cal.Rptr. 362, 725 P.2d at 471. To resolve the case, the court balanced the public's interests in access to information with individual privacy interests. Id. at 473-74. One argument advanced by the defendant was that releasing the concealed firearms records would allow potential attackers to more carefully plan a crime. Id. at 474. However, the court concluded that the "[defendants' concern . . . is conjectural at best. . . . A mere assertion of possible endangerment does not `clearly outweigh' the public interest in access to these records." Id. The court also determined that public access may actually deter crimes and does not make a celebrity or other public figure any more public merely because their records are public. Id. at 474 n. 9. In this case, like in Block, Haley has provided no evidence to support his argument that access to records relating to concealed firearms permits would increase crime or subject a permit holder or the public to an unreasonable risk of harm. Therefore, because Haley bases his argument on the supposition that access would increase the vulnerability of permit holders, we conclude that Haley has not met his burden of proof to show that the government interest clearly outweighs the public's right to access. And because Haley has not met his burden of proof, a narrow reading of NRS 202.3662 mandates that we favor public access over confidentiality. Therefore, we conclude that Haley has not met his burden to show that the law enforcement or individual privacy concerns outweigh the public's right to access the identity of the permit holder, and in compliance with the policies of the Nevada Public Records Act, the identity of the permittee and any post-permit records identifying the permittee are not confidential. Not all post-permit records are public documents but may contain confidential information subject to redaction Next, we consider whether all post-permit records of investigation, suspension, or revocation are confidential. Haley also asserts that all post-permit records are confidential because they, too, may contain information derived from an application for a concealed firearms permit, which is considered confidential under NRS 202.3662. Therefore, he argues, the entire record is confidential. We disagree. Because NRS 202.3662 is silent concerning the confidentiality of post-permit investigation, suspension, or revocation records, we must conclude that such records are open to public inspection unless they contain information that is expressly declared confidential by statute. The Nevada Public Records Act
addresses this situation and recognizes that public documents may contain confidential information. In the event that public records contain confidential information, the Legislature has provided that the records should be redacted and the remaining document open to inspection:
1. Haley's law enforcement and public policy argument for confidentiality is limited to the identity of the permittee and does not address any other law enforcement or public policy concerns supporting confidentiality for records of investigation, suspension, or revocation of a permit.
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