FREEDOM OF INFORMATION COMMISSION

OF THE STATE OF CONNECTICUT

 

 

In the Matter of a Complaint by                                                FINAL DECISION

 

William C. O’Brien and Connecticut

Right To Life Corporation,

 

                        Complainants

 

            against                                                                          Docket #FIC 1997-092

 

Commissioner, State of Connecticut,

Department of Public Health and State

of Connecticut, Department of Public

Health

 

                        Respondents                                                     December 3, 1997

 

The above-captioned matter was heard as a contested case on August 8, 1997, at which time the complainants and the respondents appeared, stipulated to certain facts and presented 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 respondents are public agencies within the meaning of  §1-18a(1), G.S., (§1-18a(a), G.S., prior to Oct. 1, 1997).

 

2.  It is found that by letters dated January 23 and February 21, 1997, the complainants requested that the respondent department provide them with Connecticut abortion figures for 1995, by provider, and when available, the figures for 1996, hereinafter (“requested records”).

 

3.  It is found that by letter dated February 7, 1997 the respondent department informed the complainants that their request was being reviewed and later, by letter dated March 4, 1997, the respondent department denied the complainants’ request indicating that the requested records are exempt from disclosure pursuant to §19a-25, G.S.

 

4.  Having failed to receive the requested records, the complainants, by letter dated March 12, 1997 and filed on March 18, 1997, alleged that the respondents violated the Freedom of Information (“FOI”) Act by denying them access to the requested records.

 

 

Docket #FIC 1997-092                                                                                               Page 2

 

 

5.  It is found that the respondents maintain the requested records and that such records are public records within the meaning of §1-18a(5), G.S., (§1-18a(d), G.S., prior to Oct. 1, 1997) and 1-19(a), G.S.

 

6.  Section 1-19(a), G.S., provides that records maintained or kept on file by public agencies shall be available to the public for inspection and copying except as otherwise provided by federal law or state statute.

 

7.  Section 19a-25, G.S., in relevant part provides:

 

All information, records of interviews, written reports, statements, notes, memoranda or other data, including personal data procured by the department of public health and addiction services [Department of Public Health] or by staff committees of facilities accredited by the department of public health and addiction services [Department of Public Health] in connection with studies of morbidity and mortality conducted by the department of public health and addiction services [Department of Public Health] or such staff committees, or carried on by said department or such staff committees jointly with other persons, agencies or organizations, or procured by the directors of health of towns, cities or boroughs or the department of public health and addiction services [Department of Public Health] pursuant to section 19a-215, or procured by such other persons, agencies or organizations, for the purpose of reducing the morbidity or mortality from any cause or condition, shall be confidential and shall be used solely for the purpose of medical or scientific research and, for information obtained pursuant to section 19a-215, disease prevention and control by the local director of health and the department of public health and addiction services [Department of Public Health].  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 and addiction services [Department of Public Health] or of any such facility, by any person participating in such a research project or by any other person, except as may be necessary

Docket #FIC 1997-092                                                                                               Page 3

 

 

for the purpose of furthering the research project to which it relates….[Emphasis added.]

 

8.  It is found that the requested records constitute information procured by the respondents in connection with studies of morbidity and mortality conducted by the respondents for the purpose of reducing the morbidity or mortality within the meaning of §19a-25, G.S.

 

9.  It is therefore, concluded that the requested records are not disclosable pursuant to §19a-25, G.S.

 

10.  It is further concluded that the respondents did not violate the §§1-15(a) and 1-19(a), G.S., when they failed to provide the complainants with access to the requested records.

 

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

 

1.  The complaint is dismissed.

 

2.  The Commission notes that the very broad language of §19a-25, G.S., precludes its ordering disclosure of the raw data information which was requested in this case.  The Commission notes its concern when as in this case, raw data or statistical information is barred from disclosure where no reasonable risk of identifying the subject of an abortion or the individual performing such abortion exists.

 

 

                Approved by Order of the Freedom of Information Commission at its special meeting of December 3, 1997.

 

 

 

_________________________

Doris V. Luetjen

Acting Clerk of the Commission


Docket #FIC 1997-092                                                                                               Page 4

 

 

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:

 

William C. O’Brien and Connecticut

Right To Life Corporation

c/o James F. Altham

60 Allene Drive

Hamden, CT 06517-2901

 

Commissioner, State of Connecticut,

Department of Public Health and State

of Connecticut, Department of Public

Health

c/o Henry A. Salton

Assistant Attorney General

P.O. Box 120

Hartford, CT 06141-0120

 

 

 

__________________________

Doris V. Luetjen

Acting Clerk of the Commission

 

 

 

 

 

 

FIC1997-092/FD/tcg/12031997