Boston Globe Media Partners, LLC v. Department of Public HealthAnnotate this Case
The Supreme Judicial Court vacated the order of the superior court denying Boston Globe Media Partners, LLC's (Globe) motion for summary judgment in this public records case, holding that the trial judge erred in concluding that the Department of Public Health (DPH) could withhold requested electronic indices of publicly available birth and marriage data pursuant to Mass. Gen. Laws. ch. 4, 7, twenty-sixth (c) (exemption (c)) but not pursuant to Mass. Gen. Laws ch. 4, 7, twenty-sixth (a) (exemption (a)).
The Globe sought the requested records from DPH and asked the trial judge to declare that the indices constituted public records. DPH argued that it could withhold the indices pursuant to exemption (a) or exemption (c). The judge denied the Globe's motion for summary judgment, concluding that the indices could be withheld pursuant to exemption (c). The Supreme Judicial Court remanded the case for further proceedings on both exemptions, holding (1) the Globe's request requires an approach to exemption (a) that takes into account future requests for the indices; and (2) the application of exemption (c) involves a privacy issue that has yet to be addressed in the public records context.