Denied: Records relating to Dept. of Health complaint
June 15, 2009 Filed in: Denied
| Dept. of
State | Dept. of
Health | Non-criminal
investigations | Agency
discretion | Other laws
Denied: A request to the
Department of State for all records, including
notes, relating to a complaint the requester
filed with the Department of Health.
From
the Pennsylvania Freedom of Information
Coalition
Denied: A request to the Department of State for all records, including notes, relating to a complaint the requester filed with the Department of Health.
The Department of State had denied the request, stating that the reports are exempt from release as part of a noncriminal investigation.
The Office of Open Records agreed that the agency was permitted to withhold the records:
"The plain language of [the Right to Know Law] unambiguously exempts records that would reveal
the institution, progress, or result of an agency investigation. The citizen specifically
requests records that are investigative in nature and would reveal the institution, progress,
or result of an investigation. While the citizen argues that she knows the results of the
investigation, no legal basis within the RTKL supports the release of the records in such a
circumstance."
The OOR also noted that while the requester claimed the agency should use its discretion to release the records as a matter of public interest, the agency pointed to another state law that prohibits the release of the records.
Bruce vs. Department of State -- AP 2009-0407
Denied: A request to the Department of State for all records, including notes, relating to a complaint the requester filed with the Department of Health.
The Department of State had denied the request, stating that the reports are exempt from release as part of a noncriminal investigation.
The Office of Open Records agreed that the agency was permitted to withhold the records:
"The plain language of [the Right to Know Law] unambiguously exempts records that would reveal
the institution, progress, or result of an agency investigation. The citizen specifically
requests records that are investigative in nature and would reveal the institution, progress,
or result of an investigation. While the citizen argues that she knows the results of the
investigation, no legal basis within the RTKL supports the release of the records in such a
circumstance."
The OOR also noted that while the requester claimed the agency should use its discretion to release the records as a matter of public interest, the agency pointed to another state law that prohibits the release of the records.
Bruce vs. Department of State -- AP 2009-0407