Denied: Copies of requester's own mental health records
Denied: A request for copies of
the requester's mental health records from the
Pennsylvania Department of Corrections.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request for copies of the requester's mental health records from the Pennsylvania Department of Corrections.
The DOC had denied the request, citing the provision in the Right to Know Law that protects records that would reveal information about an individual's medical, psychological or psychiatric history. In issuing the denial, the DOC noted that its policy does allow inmates to access staff members to discuss medical records and issues.
The Office of Open Records agreed that the RTKL protects mental health records, and that the DOC properly denied the request.
It also noted that the RTKL provides access to public records only, and cited its previous ruling in Rech vs. Department of Education AP 2009-0034, Hawkins vs. Pa. Department of Labor & Industry AP 2009-0139, and Sunshine vs. Department of Corrections AP 2009-0322.
"The only records accessible pursuant to the RTKL are 'public records' available to all citizens regardless of personal status or stake in the requested information," the OOR noted.
Hicks vs Pennsylvania Department of Corrections -- AP 2009-0516
Denied: A request for copies of the requester's mental health records from the Pennsylvania Department of Corrections.
The DOC had denied the request, citing the provision in the Right to Know Law that protects records that would reveal information about an individual's medical, psychological or psychiatric history. In issuing the denial, the DOC noted that its policy does allow inmates to access staff members to discuss medical records and issues.
The Office of Open Records agreed that the RTKL protects mental health records, and that the DOC properly denied the request.
It also noted that the RTKL provides access to public records only, and cited its previous ruling in Rech vs. Department of Education AP 2009-0034, Hawkins vs. Pa. Department of Labor & Industry AP 2009-0139, and Sunshine vs. Department of Corrections AP 2009-0322.
"The only records accessible pursuant to the RTKL are 'public records' available to all citizens regardless of personal status or stake in the requested information," the OOR noted.
Hicks vs Pennsylvania Department of Corrections -- AP 2009-0516