Short v. Board of Managers, 57 N.Y.2d 399 (1982)

The statutory authority to delete identifying details to facilitate disclosure under the Freedom of Information Law (FOIL) is limited to records where disclosure would constitute an unwarranted invasion of personal privacy and does not extend to records specifically exempted from disclosure by state or federal statute.

Summary

John Short sought access to medical records related to Medicaid reimbursements for abortions. The New York Court of Appeals addressed whether a state agency could be compelled to disclose records otherwise exempt from disclosure under FOIL after deleting identifying details. The Court held that the deletion of identifying details only applies to records whose disclosure would constitute an unwarranted invasion of privacy, but not to records exempted by other statutes. Therefore, the medical records, protected by state statutes ensuring patient confidentiality, remained exempt even after the proposed deletion of identifying information. The memorandum was subject to in camera review to determine if statistical or factual data existed.

Facts

John Short requested copies of 29 medical records from the Nassau County Medical Center related to Medicaid reimbursement claims for abortions performed between February and April 1972. He also sought a copy of a memorandum from the medical center to a Deputy County Attorney regarding medically related abortions at the center during 1972. The medical center denied the request based on statutory exemptions. Short then initiated a legal action to compel the medical center to release the records.

Procedural History

The Supreme Court directed disclosure of the 29 medical records after deletion of personal identifying details, with the medical center determining the extent of deletion. The court denied disclosure of the July 1972 memorandum. The medical center appealed the order to disclose the medical records, while Short cross-appealed the denial of access to the memorandum. The Appellate Division affirmed the Supreme Court’s judgment. Both parties then appealed to the New York Court of Appeals.

Issue(s)

1. Whether the Freedom of Information Law requires disclosure of medical records, otherwise exempt under state statutes protecting patient confidentiality, if personal identifying details are deleted?

2. Whether an interagency memorandum is entirely exempt from disclosure under FOIL, even if it contains statistical or factual data?

Holding

1. No, because the authority to delete identifying details applies only to records whose disclosure would constitute an unwarranted invasion of personal privacy, not to records already exempted from disclosure by other statutes like those protecting patient confidentiality.

2. No, because statistical or factual tabulations or data within an interagency memorandum are subject to disclosure, requiring an in-camera inspection to determine if such data exists.

Court’s Reasoning

The Court of Appeals reasoned that the Freedom of Information Law allows agencies to deny access to records specifically exempted from disclosure by state or federal statute, as outlined in Public Officers Law § 87(2)(a). The medical records in question were protected by Public Health Law §§ 2803-c and 2805-g, and Social Services Law § 369, which ensure patient privacy and confidentiality of medical records. The court emphasized that the provision for deleting identifying details, found in Public Officers Law § 89(2), applies only to records whose disclosure would constitute an unwarranted invasion of personal privacy. This provision does not extend to records exempted by other statutes. The court stated, “What is intended and accomplished by subdivision 2 of section 89 is provision of a means by which the single obstacle to disclosure — the invasion of personal privacy — may be overcome, i.e., by deleting identifying details.” Since the medical records were not “otherwise available” due to statutory exemptions, the deletion provision was inapplicable. Regarding the memorandum, the Court acknowledged its general exemption as “inter-agency or intra-agency materials” under § 87(2)(g), but noted the exception for “statistical or factual tabulations or data.” Thus, the case was remanded for an in-camera inspection to determine if such data existed within the memorandum. Chief Judge Cooke dissented in part, arguing that the court has discretionary power to order disclosure of patient records with identifying information deleted to promote public accountability. The majority rejected this argument, holding the statute does not permit such judicial revision.