In the case of WCPO-TV v. Ohio Dept. of Health, 2022-Ohio-1864, the Appellate Court held that the Ohio Department of Health violated the Public Records Act when it failed to properly respond to WCPO-TV’s (“WCPO”) records request identifying how many people passed away from Covid 19 that resided within certain care facilities.
Here, the Ohio Department of Health argued that the records sought by WCPO contained protected health information that could not be shared under Public Records Act due to the possibility of identifying the individuals that had died from Covid-19. On the other hand, WCPO argued that their records request did not seek information that would make individuals identifiable. The Appellate Court agreed with WCPO.
The Appellate Court reasoned that the Ohio Department of Health did not offer enough evidence to prove that individuals could be identified by the information sought by WCPO. The Court further stated that the cause of death and death dates of unidentified individuals isn’t sufficient enough to identify the individuals unless their name, race, gender, or address was also shared. Therefore, the Appellate Court found that the Ohio Department of Health violated the Public Records Act when it denied WCPO’s records 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.