Equifax investigation (Office of the Attorney General - Louisiana)

Dear Russ Kick,
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RE: Public Records Request, R000230-091318
Dear Mr. Russ Kick:
This letter is an acknowledgment and response of the public records request dated 9/10/2018, which you submitted to the Office of the Attorney General. The request seeks records related to the following:
1) All interim and final/closing reports, memos, and similar documents that your office has created regarding the Equifax breach.2) All letters and similar correspondence sent to Equifax, informing them of your findings, requirements, etc.3) All documents that Equifax has sent to your office in the course of the investigation/probe.
Your request has been assigned tracking number R000230-091318. Our office is in the process of determining what, if any, records are subject to this request and, if so, whether any privileges or exemptions apply. This may take some time. You will be notified within 30 days whether records have been located that are responsive and approximately when they will be ready for review.
If our office can be of any further assistance, please let us know.
Sincerely,
Luke Donovan
Assistant Attorney General

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--- Please respond above this line ---
RE: PUBLIC RECORDS REQUEST of September 10, 2018, Reference # - R000230-091318 Dear Mr. Russ Kick, Thank you for your public records request dated on September 10, 2018 and given the Reference number # R000230-091318. Your requested records dated between 09/01/2017 and 09/13/2018 with the following search terms: Equifax Your request mentioned: "1) All interim and final/closing reports, memos, and similar documents that your office has created regarding the Equifax breach.
2) All letters and similar correspondence sent to Equifax, informing them of your findings, requirements, etc.
3) All documents that Equifax has sent to your office in the course of the investigation/probe."
After a diligent search, our office has identified responsive records for your request. However, we have determined that these documents are privileged, as they are related to an open investigation in which criminal litigation can be reasonably anticipated. Louisiana's Public Records Act, specifically La. R.S. 44:3(A)(1), exempts records held by the office of the attorney general which pertain "to pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled. . . ." The Louisiana Supreme Court has previously held: “The generally understood meaning of the term reasonably anticipated is reasonably foreseen or contemplated. The term reasonably anticipated does not require a certainty or even a near certainty. Thus, criminal litigation can be said to be reasonably anticipated when it is reasonably foreseen or contemplated. The plain language of the statute does not require a finding that criminal litigation will be pursued or will almost certainly be pursued for the exemption to apply. Rather, the exemption applies if it is reasonably foreseen or contemplated, i.e., if it is reasonably anticipated, that criminal litigation will be brought against some potential criminal defendant who was part of the investigation.” In re Matter Under Investigation, 07-1853 (La. 7/1/09), 15 SO. 3d 972, 991. As such, the requested consumer complaint documents cannot be released. This office maintains that all complaints and related documents are relevant to this investigation. Additionally, the Public Records Act, specifically La. R.S. 44:4(3) exempts “records . . . in the custody or control of any officer, employee, agent or agency of the state whose duties and functions are to investigate . . . the business of any private person, firm or corporation in this state, when the records . . . pertain to the business of the private person, firm or corporation and are by their nature confidential.”  Finally, La. R.S. 44:4.1(B)(35) incorporates the exceptions provided by La. R.S. 51:1404(A)(1)(C) to commercial or financial information received by our office in response to a Civil Investigative Demand. As such, all investigative records along with all correspondence to and from Equifax, as well as any responses provided by Equifax are not subject to disclosure. If our office can be of any further assistance, please let us know. Luke Donovan Assistant Attorney General

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