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In future cases, whether a video should be made public must be decided individually, said Justice Judith L. In the end, we hold that decisions about whether an exception to public-records disclosure applies to dash-cam recordings require a case-by-case review to determine whether the requested recordings contain investigative work product, she wrote.

A record that merely pertains to a law-enforcement matter does not constitute a confidential law-enforcement investigatory record unless the release of the record would create a high probability of disclosure of specific investigatory work product.

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In its first ruling on dash-cam videos, the justices allowed, on a "narrow exception," for law enforcement to keep secret only "investigatory work product." Illustrating how small that exemption is, the court found that only 90 seconds of the hour-plus of recordings from three dash-cams that were presented in the case could legally be withheld from the public.

Justices determined that the State Highway Patrol acted improperly by denying a request by The Cincinnati Enquirerfor the video of a January 2015 police chase on Interstate 71 near Cincinnati that ended in a wreck.

The patrol finally handed over the video in May, two months after the driver was convicted of fleeing and eluding law enforcement and other crimes.

The 90 seconds that the court said could be kept from the public recorded a state trooper questioning the driver in the back seat of the cruiser. O'Neill agreed that the newspaper wasn't entitled to recover legal and attorney fees as allowed by law, since the patrol said it was relying in good faith on a 2014 state appeals court ruling that held that the dash-cam videos were secret.

Whether police dash-cam recordings are public records is a major public-policy question in Ohio," O'Neill said in his dissent.

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