L. c. 38, 4, which states in pertinent part as follows: The district attorney or his law enforcement representative shall direct and control the investigation of the death and shall coordinate the investigation with the office of the chief medical examiner and the police department within whose jurisdiction the death occurred. G. L. c. 38, 4.

L. c. 38, 4, which states in pertinent part as follows: The district attorney or his law enforcement representative shall direct and control the investigation of the death and shall coordinate the investigation with the office of the chief medical examiner and the police department within whose jurisdiction the death occurred. G. L. c. 38, 4.

Chief Medical Examiner, 404 Mass. 132, 135 (1987). This office has reviewed the reports and finds that the Department has indeed withheld the medical information of the named individual, who is also the decedent. After receiving the Department's second response, Ms.

Chief Medical Examiner, 404 Mass. 132, 135 (1987). While it is generally held that one's right to privacy is extinguished at death, an individual's privacy interest in his or her medical information survives death. See Chief Medical Examiner, 404 Mass. at 134. Analysis under the second clause of Exemption (c) is subjective in nature and requires a balancing of the public's right to know against the relevant privacy interests at stake. Torres v.

Chief Medical Examiner, 404 Mass. 132, 135 (1987). Despite the Department's response, upon this office's review of the redacted records, it remains unclear how release of the case numbers would directly or indirectly identify the individuals to which the medical information relates. Consequently, I find that the Department Michael Halpin, Esq.

Chief Medical Examiner, 404 Mass. 132, 135 (1987). Analysis under the second clause of Exemption (c) is subjective in nature and requires a balancing of the publics right to know against the relevant privacy interests at stake. Torres v. Attorney Gen., 391 Mass. 1, 9 (1984); Attorney Gen. v. Assistant Commr of Real Property Dept, 380 Mass. 623, 625 (1980). Therefore, determinations must be made on a case by case basis.

Chief Medical Examiner, 404 Mass. 132, 135 (1987). Second clause of Exemption (c) - privacy Analysis under the second clause of Exemption (c) is subjective in nature and requires a balancing of the public's right to know against the relevant privacy interests at stake. Torres v. Attorney Gen., 391 Mass. 1, 9 (1984); Attorney Gen. v. Assistant Comm'r of Real Property Dep't, 380 Mass. 623,625 (1980).

Chief Medical Examiner, 404 Mass. 132, 135 (1987). The Commission explained that the responsive records constitute "medical files or information" and due to the exposure of the incident in question there is clearly a grave risk that the individual involved in the incident could be identified by disclosure of redacted records. I find that the Commission has now satisfied the burden it failed to satisfy in its initial response to S.

Chief Medical Examiner, 404 Mass. 132, 135 (1987). Neither in the request nor in the response does it appear that the identity ofthe patient is known or could be reasonably identified. As such, the first clause of Exemption (c) does not apply to permit the Commission to withhold the responsive records entirely, as the records could be redacted to remove such information.

Chief Medical Examiner, 404 Mass. 132, 135 (1987). While it is generally held that one's right to privacy is extinguished at death, an individual's privacy interest in his or her medical information survives death. See Chief Medical Examiner, 404 Mass. at 134. Analysis under the second clause of Exemption (c) is subjective in nature and requires a balancing of the public's right to know against the relevant privacy interests at stake. Torres v.

Chief Medical Examiner, 404 Mass, 132, 135 (1987). It has come to my attention that the patient identified in the responsive record is deceased. An individuals privacy interest in medical information survives death. Chief Medical Examiner, 404 Mass. at 134. Accordingly, the first clause would apply to portions of the responsive record which specifically identify and disclose medical information regarding the deceased patient.