FREEDOM OF INFORMATION COMMISSION
OF THE STATE OF CONNECTICUT

The above-captioned matter was heard as a contested case on October 21, 2002, at which time the complainant 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  §1-200(1), G.S.

 

2.  It is found that the complainant seeks records related to an outbreak of salmonella, and that, by letter dated June 3, 2002, the complainant made a request of the respondents for copies of any information on file regarding the Liuzzi Cheese incident [hereinafter  “ the requested records “ ]. 

 

3.  It is found that, by letter dated June 6, 2002, the respondent acknowledged receipt of the request described in paragraph 2, above.  It is further found that, by letter dated June 14, 2002, the respondents informed the complainant that, pursuant to §19a-25-3, Regulations of Connecticut State Agencies, they could not provide the complainant with copies of the requested records. 

 

4.  By letter dated July 10, 2002, and filed with the Commission on July 11, 2002, the complainant alleged that the respondents violated the Freedom of Information [hereinafter  “ FOI “ ] Act by denying her copies of the requested records.

 

5.  It is found that the respondents maintain the requested records and that such records are public records within the meaning of §1-200(1), G.S.

 

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

 

[e]xcept as otherwise provided by any federal law or state statute, all records maintained or kept on file by any public agency, whether or not such records are required by any law or by any rule or regulation, 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.  Section 1-212(a), G.S., provides in relevant part that: “[a]ny person applying in writing shall receive, promptly upon request, a plain or certified copy of any public record….” 

 

8.  The respondent contends that  §§19a-215 and 19a-25, G.S., exempts the requested records from mandatory disclosure.

 

9.  It is found that the requested records were collected pursuant to §19a-215, G.S., which provides in relevant part that:

 

(b)… [e]ach health care provider shall report in writing or by telephone each case occurring in his practice, of any disease on the commissioner's list of reportable diseases and laboratory findings to the…Department of Public Health…Such reports of disease shall be confidential and not open to public inspection except as provided in subsection (d) of this section.

 

(c) When a local director of health or his authorized agent or the Department of Public Health receives a report of a disease or laboratory finding on the commissioner's list of reportable disease and laboratory findings, either may contact first the reporting health care provider and then the person with the reportable finding to obtain such information as may be necessary to lead to the effective control of further spread of such disease. In the case of reportable communicable diseases and laboratory findings, this information may include obtaining the identification of persons who may be the source or subsequent contacts of such infection.

 

(d) All personal information obtained from disease prevention and control investigations as performed in subsection (c) of this section including the health care provider's name and the identity of the reported case of disease and suspected source persons and contacts shall not be divulged to anyone and shall be held strictly confidential pursuant to section 19a-25, by the local director of health and his authorized agent and by the Department of Public Health.

 

(e) Any person who violates any reporting or confidentiality provision of this section shall be fined not more than five hundred dollars….

 

[Emphasis added.]

 

10.  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…pursuant to section 19a-215…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.  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 or of any such facility, by any person participating in such a research project or by any other person, except as may be necessary for the purpose of furthering the research project to which it relates….

 

[Emphasis added.]

 

11.  It is found that salmonella is on the respondent commissioner’s list of reportable diseases.

 

12.  It is found that the requested records constitute information, records of interviews, written reports, statements, notes, memoranda or other data, including personal data procured by the respondents pursuant to §19a-215, G.S., within the meaning of §19a-25, G.S.

 

13.  It is therefore concluded that the requested records are exempt from disclosure pursuant to §§19a-25 and 19a-215, G.S. 

 

14.  It is further concluded that the respondents did not violate §§1-210(a) and 1-212(a), G.S., when they did not provide the complainant with copies of 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 hereby dismissed.

 

 

Approved by Order of the Freedom of Information Commission at its regular meeting of

May 28, 2003.

 

 

___________________________________

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:

 

Carmela Juliano

c/o Barry N. Silver, Esq.

275 Orange Street

New Haven, CT  06510

 

Department of Public Health; and State

of Connecticut, Department of Public Health

c/o Patrick B. Kwanashie, Esq.

Assistant Attorney General

PO Box 120

Hartford, CT  06141-0120

 

 

 

___________________________________

Ann B. Gimmartino

Acting Clerk of the Commission

 

 

FIC/2002-307FD/abg/05/29/2003