Chief MedicalExaminer, 404 Mass. 132, 135 (1987). 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).
L. c. 38, 4, . . . relates to homicides, and mandates that [t]he 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 medicalexaminer and the police department within whose jurisdiction the death occurred. . . .
L. c. 38, 4, . . . relates to homicides, and mandates that [t]he 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 medicalexaminer and the police department within whose jurisdiction the death occurred. . . .
Chief MedicalExaminer, 404 Mass. 132, 135 (1987). While it is generally held that one's right to privacy is extinguished at death, an individual's City of Worcester Page 4 March 15, 2018 SPR18/270 privacy interest in his or her medical information survives death. See Chief MedicalExaminer, 404 Mass. at 134.
Chief MedicalExaminer, 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 MedicalExaminer, 404 Mass. at 134. Exemption (c) contains two distinct and independent clauses, each requiring its own analysis. Globe Newspaper Co. v. Boston Retirement Bd., 388 Mass. 427, 432-34 (1983).
Chief MedicalExaminer, 404 Mass. 132, 135 (1987). Allison Hynes, Esq. Page 3 December 3, 2021 SPR21/2446 This exemption does not protect all data relating to specifically named individuals.
Chief MedicalExaminer, 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 publics right to know against the relevant privacy interests at stake. Torres v. Darina Graffin, Esq. Page 5 November 4, 2020 SPR20/2032 Attorney Gen., 391 Mass. 1, 9 (1984); Attorney Gen. v.
Chief MedicalExaminer, 404 Mass. 132, 135 (1987). The Department has not established that medical information was redacted from the records. Therefore, the Department has not met its burden to withhold the information under the first clause of Exemption (c).
Chief MedicalExaminer, 404 Mass. 132, 135 (1987). The Department has not established that medical information was redacted from the records. Therefore, the Depaiiment has not met its burden to withhold the information under the first clause of Exemption (c).
Chief MedicalExaminer, 404 Mass. 132, 135 (1987). Under the first clause of Exemption (c), the Office states that "[a]ny materials within the files that contain medical records of any defendant, victim, or witness, including but not limited Erica Sylvia Page 5 February 19, 2019 SPR19/0228 to competency reports, physical examinations, or psychological reports are exempt from disclosure under the Public Records Law....
Chief MedicalExaminer, 404 Mass. 132, 135 (1987). Please note that an individual's privacy interest in protecting his or her medical information survives death. See Chief MedicalExaminer, 404 Mass. at 134. The Department is withholding medical records and information, such as clinical reviews concerning the physical and mental health of individual inmates/detainees pursuant to the first clause of Exemption (c) of the Public Records Law.