a. Rules for active investigations.

A custodian may deny access to a person in interest only to the extent that disclosure would interfere with a valid and proper law enforcement proceeding, deprive another person of a right to a fair trial or impartial adjudication, constitute an unwarranted invasion of privacy, disclose the identity of a confidential source, disclose an investigative technique, prejudice an investigation, or endanger the life or physical safety of an individual. § 10-618(f)(2). Because of a person in interest's favored status, a custodian must point out precisely which of the seven grounds enumerated in § 10-618(f)(2) justify withholding of an investigatory record and explain precisely why it would do so. Blythe v. State, 161 Md. App. 492, 531, 870 A.2d 1246, cert. granted, 388 Md. 97, 879 A.2d 42 (2005)); see also PIA Manual, at 45.

Although this section appears to place a heavy burden upon a custodian seeking to justify nondisclosure to a person in interest, Maryland case law indicates to the contrary. See Attorney General v. Gallagher, 359 Md. 341, 355, 753 A.2d 1036, 1044 (2000) (person in interest was not entitled to obtain disclosure of records falling within mandatory exemptions of the Act); Office of the State Prosecutor, 356 Md. at 140, 737 A.2d at 604. Faulk v. States Attorney, 299 Md. 493, 474 A.2d 880 (1984). For example, the State is not required to make a particularized showing that the disclosure of investigatory police records compiled for law enforcement purposes to a defendant in a pending criminal proceeding would interfere with that proceeding; a generic determination of interference can be made whenever a defendant in a pending criminal proceeding seeks access to investigatory police reports relating to that proceeding. Id. However, a convicted defendant may obtain access to the prosecutorial file concerning the defendant absent the presence of one or more of the factors stated in subparagraph 2. See 81 Opp. Att'y Gen. 251 (1996).