State ex rel. Cincinnati Enquirer v. Daniels

844 N.E.2d 1181 (2006)

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State ex rel. Cincinnati Enquirer v. Daniels

Ohio Supreme Court
844 N.E.2d 1181 (2006)

LJ

Facts

A newspaper reporter for the Cincinnati Enquirer (plaintiff) requested copies of health-department notices that were issued to private-property owners who reported children with elevated levels of lead in their blood. The health-department notices were 14 pages long and contained only one sentence referencing medical information or a medical condition. Specifically, the notice identified the fact that a child living at the residence had demonstrated an elevated blood lead level. The health notices did not contain the children’s names, dates of birth, ages, or any other personal information. The City of Cincinnati (the city) and the city health commissioner (defendants) denied the reporter’s request, citing the privacy rule for protected health information under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). Ohio open-records laws established that upon request, all public records shall be made available for public inspection. HIPAA defined protected health information as information created by a public health authority regarding the past, present, or future physical condition of an individual. The court of appeals held in favor of the city and allowed for the records to be withheld. The Cincinnati Enquirer appealed.

Rule of Law

Issue

Holding and Reasoning (O’Donnell, J.)

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