Moira F. Walker v. Secretary of the Commonwealth - Archives Division (SPR 20170290)

The Commonwealth of Massachusetts William Francis Galvin, Secretary of the Commonwealth Public Records Division Rebecca S. Murray Supervisor ofR ecords March 9, 2017 SPR17/290 Caitlin Jones Archives Division Office of the Secretary of the Commonwealth 220 Morrissey Boulevard Boston, MA 02125 Dear Ms. Jones: I have received the petition of Moira F. Walker appealing the response of the Office of the Secretary of the Commonwealth - Archives Division (Division) to a request for public records. G. L. c. 66 § lOA; see also 950 C.M.R. 32.08(1). Specifically, Ms. Walker requested copies ofrecords regarding a specifically identified individual. In a response dated February 8, 2017, the Division provided responsive records with certain portions redacted regarding third parties pursuant to the Criminal Offender Record Information (CORI) statute G. L. c. 6 §§167, 168, 172, as it operates by way of Exemption (a) of the Public Records Law. G. L. c. 4, §7(26)(a). The Division also redacted medical information pursuant to Exemption (c). G. L. c. 4, §7(26)(c). In Ms. Walker's petition to this office she indicates that she does not contest the redactions concerning third parties. She is contesting the redactions made regarding the medical information of the subject individual. She explains that she is the subject individual's "nearest living relative and next of kin" and that she is seeking the information regarding the subject individual for her own personal use, for family history research and not for publication. Right ofA ccess Please note that Ms. Walker's personal status in the matter in question does not afford any greater right of access to the requested information than other persons in the general public. The Public Records Law does not distinguish between requesters. Access to a record requested pursuant to the Public Records Law rests on the content of the record and not the circumstances of the requester. See Bougas v. Chief of Police of Lexington, 371 Mass. 59, 64 (1976). One Ashburton Place, Room 1719, Boston, Massachusetts 02108 • (617) 727-2832• Fax: (617) 727-5914 sec.state.ma.us/pre• pre@sec.state.ma.us

Caitlin Jones SPR17/290 Page2 March 9, 2017 Exemption (c) In its February 8th letter, the Division indicated it redacted medical information pursuant to Exemption ( c) of the Public Records Law. Exemption (c) applies to: personnel and medical files or information; also any other materials or data relating to a specifically named individual, the disclosure of which may constitute an unwarranted invasion of personal privacy G. L. c. 4, §7 (26)(c). Exemption ( c) contains two distinct and independent clauses, each requiring its own analysis. Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427, 432-33 (1983). The first clause, relevant to this determination, creates a categorical exemption for personnel and medical information that relates to an identifiable individual and is of a "personal nature." Id. at 434. Medical information that is of a personal nature and relates to a specifically named individual is exempt from disclosure. Brogan v. School Comm. of Westport, 401 Mass. 306,308 (1987); Globe Newspaper Co., 388 Mass. at 438. Generally, medical information will always be of a sufficiently personal nature to warrant exemption. Globe Newspaper Co., 338 Mass. at 432- 34. There is a strong public policy in Massachusetts that favors confidentiality as to medical data about a person's body. Globe Newspaper Co. v. Chief Medical Examiner, 404 Mass. 132, 135 (1987). An individual's privacy interest in medical information survives death. See id. at 134. In addition to the February 8th cover letter, you provided an explanatory sheet for each redaction that explains "medical/mental health information" was redacted under Exemption (c ) . I find the Division has met its burden to justify the redactions at issue and withhold this information from public disclosure under Exemption ( c) of the Public Records Law. Ms. Walker may wish to consider another means of seeking to obtain any existing responsive records. Sincerely, Rebecca S. Murray Supervisor of Records cc: Moira F. Walker