Granted: Autopsy reports as made accessible by Coroner's Act
April 17, 2009 Filed in: Granted
| Appealed to
court | Lancaster
Co. | Autopsy
reports | Coroner's
Act | Agency
non-compliance | Media
request
Granted: A request for two
autopsy reports from Lancaster County. The Office
of Open Records ruled that once autopsy reports
are filed at the end of each year as required by
the Coroner's Act, they become public record as
outlined in the Coroner's Act, which takes
precedence over the Right to Know Law.
From
the Pennsylvania Freedom of Information
Coalition
Granted: A request for two autopsy reports from Lancaster County. The Office of Open Records ruled that once autopsy reports are filed at the end of each year as required by the Coroner's Act, they become public record as outlined in the Coroner's Act, which takes precedence over the Right to Know Law.
The county had initially responded that the request was granted, but provided only cover sheets to the autopsy reports that listed the name, date and time and place, cause and manner of death.
In granting the request, the county cited the Right to Know Law exemption relating to autopsy reports, but did not inform the requester that the request was partially denied or inform him of the process to appeal.
The requester appealed to the Office of Open Records, citing Penn Jersey Advance vs. Grim, a 2009 Pa. Supreme Court ruling that provided access to autopsy reports, although that case occurred prior to the new Right to Know Law going into effect. The county determined that this case was not applicable to a request made under the new law, which contains a specific exemption for autopsy reports.
The OOR, in its ruling, noted that autopsy reports "have a long and split history in Pennsylvania courts." But it noted that the recent Penn Jersey case made clear that autopsy reports are part of the official records and papers coroners are required to file and are made public under the Coroner's Act.
"It is the view of the OOR that the mandate of the Coroner's Act continues to govern public access to autopsy reports, which the Court has deemed to be an 'official record' of the coroner's office," the ruling states. "Thus, as official records of the coroner's office autopsy records are public record, as defined under the RTKL, as of the date of required filing – 30 days after the end of each year."
"If a citizen requests an autopsy report, and it has been filed with the prothonotary in accordance with the Coroner's Act, the record is a public record and available under the RTKL," the ruling continued. The OOR noted that provisions of the RTLK do not apply when they conflict with other federal or state laws.
"If the autopsy report has not yet been filed under the Coroner's Act, the autopsy report may be protected under [the autopsy report exemption] of the RTKL until made public record as governed by the provisions of the Corner's Act."
Brubaker vs. Lancaster County -- AP 2009-0104
APPEALED TO LANCASTER COUNTY COURT OF COMMON PLEAS: May 15, 2009
Granted: A request for two autopsy reports from Lancaster County. The Office of Open Records ruled that once autopsy reports are filed at the end of each year as required by the Coroner's Act, they become public record as outlined in the Coroner's Act, which takes precedence over the Right to Know Law.
The county had initially responded that the request was granted, but provided only cover sheets to the autopsy reports that listed the name, date and time and place, cause and manner of death.
In granting the request, the county cited the Right to Know Law exemption relating to autopsy reports, but did not inform the requester that the request was partially denied or inform him of the process to appeal.
The requester appealed to the Office of Open Records, citing Penn Jersey Advance vs. Grim, a 2009 Pa. Supreme Court ruling that provided access to autopsy reports, although that case occurred prior to the new Right to Know Law going into effect. The county determined that this case was not applicable to a request made under the new law, which contains a specific exemption for autopsy reports.
The OOR, in its ruling, noted that autopsy reports "have a long and split history in Pennsylvania courts." But it noted that the recent Penn Jersey case made clear that autopsy reports are part of the official records and papers coroners are required to file and are made public under the Coroner's Act.
"It is the view of the OOR that the mandate of the Coroner's Act continues to govern public access to autopsy reports, which the Court has deemed to be an 'official record' of the coroner's office," the ruling states. "Thus, as official records of the coroner's office autopsy records are public record, as defined under the RTKL, as of the date of required filing – 30 days after the end of each year."
"If a citizen requests an autopsy report, and it has been filed with the prothonotary in accordance with the Coroner's Act, the record is a public record and available under the RTKL," the ruling continued. The OOR noted that provisions of the RTLK do not apply when they conflict with other federal or state laws.
"If the autopsy report has not yet been filed under the Coroner's Act, the autopsy report may be protected under [the autopsy report exemption] of the RTKL until made public record as governed by the provisions of the Corner's Act."
Brubaker vs. Lancaster County -- AP 2009-0104
APPEALED TO LANCASTER COUNTY COURT OF COMMON PLEAS: May 15, 2009