FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

In the Matter of a Complaint by			FINAL DECISION
MariAn Gail Brown and Connecticut Post,
		Complainant
	against		Docket #FIC 2000-581
State of Connecticut, Department of Public Health, Bureau of Community Health; and State of Connecticut, Department of Public Health,
		Respondent	April 25, 2001

The above-captioned matter was heard as a contested case on March 19, 2001, at which time the complainants and the respondents 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 respondents are public agencies within the meaning of §1-200(1), G.S.

 

2.  It is found that, on October 17, 2000, the complainants requested that the respondents provide them with the age of a patient confirmed with a diagnosis of West Nile fever [hereinafter “the patient”], as well as the name of the patient’s physician.

 

3.  It is further found that the respondents denied such request, contending that the requested records were exempt from mandatory disclosure by statute.

 

4.  By letter dated and filed with the Commission on October 23, 2000, the complainants alleged that the respondents violated the Freedom of Information Act by denying them access to the requested records.  At the hearing in this matter, the complainants withdrew the complaint insofar as it relates to the name of the physician described in paragraph 2, above.  Accordingly, the complaint herein is limited to the record revealing the age of the patient. 

 

5.  It is found that the respondents maintain 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 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.  The respondents contend 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.  It is found that the requested record constitutes information procured by the respondents in connection with studies of morbidity and mortality, within the meaning of §19a-25, G.S.

 

10.  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 respondents did not violate §1-210(a), G.S., when they 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 April 25, 2001.

 

 

_________________________________________

Petrea A. Jones

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:

 

MariAn Gail Brown

and Connecticut Post

410 State Street

Bridgeport, CT 06604

 

State of Connecticut, Department

of Public Health, Bureau of

Community Health; and State

of Connecticut, Department of

Public Health

c/o Marianne I. Horn, Esq.

Assistant Attorney General

55 Elm Street, PO Box 120

Hartford, CT 06141-0120

 

 

 

________________________________

Petrea A. Jones

Acting Clerk of the Commission

 

 

FIC/2000-581/FD/paj/04/30/2001