Background
Someone files a criminal complaint, an investigation follows — and yet the complainant (the victim) often cannot even find out what the accused said to the investigators. Our client, having filed a complaint, requested disclosure of investigation records including the "suspect interrogation protocol" once the case had been dealt with, and the authority issued a refusal. Changchun represented the complainant in seeking revocation of that refusal.
The Issue — Can Records From a Closed Investigation Still Be Withheld as "Under Investigation"?
The authority withheld the records under article 9(1) of the Official Information Disclosure Act, invoking subparagraph 4 (information relating to "investigations") and subparagraph 6 ("personal information"). The key questions were ① whether the "investigation" exemption can apply to records of a case already dealt with (closed), and ② whether an entire document must be withheld merely because the accused's statements are "personal information."
How Changchun Helped
Changchun argued point by point that ① under the case law the subparagraph 4 "investigation" exemption is confined to cases where disclosure carries a high probability of concretely obstructing the performance of investigative and related duties, and no such concern exists where the investigation has ended; ② a complainant has a legitimate interest in the record of a case to which they are a party, for remedies such as an application for adjudication or a civil damages claim; and ③ even where personal information is included, "partial disclosure" with that information redacted is possible (Information Disclosure Act art. 14), so withholding the entire document was unlawful.
For complainants' "right to know" and their access to a remedy, Changchun actively contests improper refusals that withhold the records of closed investigations on vague grounds. Having filed a complaint, confirming its outcome and the reasons for it is also a victim's legitimate right. (Outcomes may differ depending on the facts of each matter.)