R2E

Portions of records assembled, prepared or maintained to prevent or respond to criminal terrorist acts and specific and unique vulnerability assessments are exempt from disclosure. RCW 42.56.420(1). Also, records obtained as a result of national security briefings with state and local government are not subject to disclosure where they are not subject to disclosure under federal law. Id. See Northwest Gas Ass'n v. Washington Utilities and Transp. Comm., 141 Wn. App. 98, 168 P.3d 443 (2007).

In 2002, the Legislature added what is now Iowa Code §  22.7(43), which provides:

Section 14-2-1(A)(7) was enacted to provide a specific exception for tactical response plans or procedures to address planning to prevent or deal with terrorist attacks.

In 2003 the West Virginia Legislature amended FOIA by adding eight new exemptions related to homeland security and anti-terrorism planning. See, W. Va. Code § 29B-1-4(9) - (16). No judicial decisions have been reported which have involved any of the new exemptions. See supra., II A (2).

In 2004, the Public Records Law was amended to include the following language:

Substantial likelihood of revealing security measures of energy, water, communications, sewer and waste infrastructures. K.S.A. 45-221(a)(42).

New York may deny access to records if:

    1. their disclosure could endanger the life or safety of any person, N.Y. Pub. Off. § 87(2)(f)

    2. their disclosure would jeopardize an agency's capacity to guarantee the security of its information technology assets, such assets encompassing both electronic information systems and infrastructures, N.Y. Pub. Off. N.Y. Pub. Off § 87 (2)(i)

    3. they are compiled for law enforcement purposes and, if disclosed, would:

       i. interfere with law enforcement investigations or judicial proceedings;

While Wisconsin is generally a common law state and does not list exhaustively any exemptions, there are a few specific exemptions related to homeland security: Any record relating to investigative information obtained for law enforcement purposes to be withheld from public access, Wis. Stat. § 19.36(2); identities of law enforcement informants, Wis. Stat § 19.36(8); records of plans or specifications for state buildings, Wis. Stat. § 19.36(9).

The Homeland Security and Emergency Management Subcommittee was established as a subcommittee of the Joint Armed Services Committee, to review confidential activities, plans, reports, recommendations and other materials of the Alaska division of homeland security and emergency management established in AS 26.20.025, or of other agencies or persons, relating to matters concerning homeland security and civil defense, emergencies or disasters in the state or to the state's preparedness for or ability to mount a prompt response to matters concerning homeland security and civil defense, emergenc

The Attorney General has found that records relating to security measures taken for protection of a high United States Government official are not covered by ORA, pursuant to Ky. Rev. Stat. 61.878(1)(m), which exempts records regarding antiterrorism protective measures and plans; and security and response needs assessment. 05-ORD-119 (This decision is pending appeal in court).