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