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The Ohio Student Privacy Act Applies Posthumously

In the case of State ex rel. Cable News Network, Inc. v. Bellbrook-Sugarcreek Local Schools, Slip Opinion No. 2020-Ohio-5149, the Ohio Supreme Court held that a public school district is prohibited from releasing records pertaining to a deceased adult former student in response to a public records request.

In support of its decision, the Ohio Supreme Court noted that the Ohio Student Privacy Act (R.C. 3319.321) prohibits disclosure of such records without the written consent of the adult former student, with no exception for the former student’s death. As a result, the Ohio Supreme Court held that the public school district properly denied the public record request.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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