FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by

FINAL DECISION

Paul A. Green and Journal Inquirer,

 

Complainants

 

 

against

Docket #FIC 2003-187

Director, State of Connecticut,

Department of Public Health,

Office of Public Health

Communications,

 

 

Respondent

January 14, 2004

 

 

 

 

The above-captioned matter was heard as a contested case on November 6, 2003, at which time the complainants and the respondent appeared, stipulated to certain facts and presented testimony, exhibits and argument on the complaint.

 

After consideration of the entire record, the following facts are found and conclusions of law are reached:

 

1.  The respondent is a public agency within the meaning of §1-200(1), G.S.

 

2.  By letter dated April 8, 2003, the complainants requested that the respondent provide them with the names of the Connecticut towns where the suspected cases of Severe Acute Respiratory Syndrome (“SARS”) were found.

 

3.  By letter dated May 2, 2003, the respondent denied the complainants’ request, contending that the requested record is exempt from mandatory disclosure by statute.

 

4.  By letter dated and filed with the Commission on May 22, 2003, the complainants alleged that the respondent violated the Freedom of Information (“FOI”) Act by denying them access to the requested record. 

 

5.     It is found that the respondent maintains the requested record and that such record is a public record within the meaning of §1-200(1), G.S.

 

6.      Section 1-210(a), G.S., provides in relevant part that:

 

[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency . . . shall be public records and every person shall have the right to (1) inspect such records promptly during regular office or business hours, (2) copy such records in accordance with subsection (g) of section 1-212, or (3) receive a copy of such records in accordance with section 1-212. 

 

            7.  The respondent contends that §19a-25, G.S., exempts the requested record from mandatory disclosure. 

 

            8.  Section §19a-25, G.S., provides in relevant part that:

 

[a]ll information, records of interviews, written reports, statements, notes, memoranda or other data, including personal data…procured by the Department of Public Health…in connection with studies of morbidity and mortality conducted by the Department of Public Health…shall be confidential and shall be used solely for the purpose of medical or scientific research….Such information, records, reports, statements, notes, memoranda or other data shall not be admissible as evidence in any action of any kind in any court or before any other tribunal, board, agency or person, nor shall it be exhibited or its contents disclosed in any way, in whole or in part, by any officer or representative of the Department of Public Health…except as may be necessary for the purpose of furthering the research project to which it relates….

 

9.      At the hearing on this matter, the parties stipulated that the information in the requested record was procured by the respondent for the purpose of reducing morbidity and mortality from an outbreak of SARS in Connecticut.

 

10.  It is therefore found that the requested record and the information contained therein was procured by the respondent and the Department of Public Health in connection with studies of morbidity and mortality conducted by the Department of Public Health within the meaning of §19a-25, G.S.

 

11.  It is therefore concluded that the requested record is exempt from mandatory disclosure pursuant to §19a-25, G.S. 

 

11.  It is further concluded that the respondent did not violate §1-210(a), G.S., when it failed to provide the complainants with access to the requested record.

 

              The following order by the Commission is hereby recommended on the basis of the record concerning the above-captioned complaint:

 

1.  The complaint is hereby dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of January 14, 2004.

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission


PURSUANT TO SECTION 4-180(c), G.S., THE FOLLOWING ARE THE NAMES OF EACH PARTY AND THE MOST RECENT MAILING ADDRESS, PROVIDED TO THE FREEDOM OF INFORMATION COMMISSION, OF THE PARTIES OR THEIR AUTHORIZED REPRESENTATIVE.

 

THE PARTIES TO THIS CONTESTED CASE ARE:

 

Paul A. Green and Journal Inquirer

306 Progress Drive, PO Box 510

Manchester, CT  06045-0510

 

Director, State of Connecticut,

Department of Public Health,

Office of Public Health Communications

c/o Henry A. Salton, Esq.

Assistant Attorney General

55 Elm Street, PO Box 120

Hartford, CT  06141-0120

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

FIC/2003-187/FD/abg/01/16/2004