The Supreme Court of Ohio has ruled that a database containing names and addresses linked to causes of death in Ohio is not subject to public records requests due to its classification as "protected health information." This decision came in response to a case brought by former Columbus Dispatch reporter Randy Ludlow, who sought access to this data from the Ohio Department of Health (ODH) during the COVID-19 pandemic.
The Court's 5-2 decision upheld the ODH's stance that releasing such information would violate R.C. 3701.17, which prohibits the release of protected health information. Justice Patrick F. Fischer, writing for the majority, stated that combining names and addresses with medical data constitutes protected health information. He noted, “We see no reason to limit the definition of ‘individual’ to ‘living individual’ when the statute does not make that distinction.”
Chief Justice Sharon L. Kennedy and Justices R. Patrick DeWine, Melody Stewart, and Joseph T. Deters concurred with Justice Fischer’s opinion.
Justice Jennifer Brunner dissented, arguing that local health departments provide similar data as public records under another state law. She asserted that anyone could obtain complete death records from local vital records departments.
Ludlow had initially requested a digital spreadsheet from ODH’s Electronic Death Registration System (EDRS) covering deaths from March 1, 2020, onward but was provided with redacted information excluding names and addresses. The department argued these details were protected under state law prohibiting the release of identifiable health information.
Ludlow challenged this decision in court but ultimately lost at both the Tenth District Court of Appeals and the Supreme Court.
The ruling clarified that while general cause-of-death information can be released without identifying details, names and addresses remain confidential unless specific legal provisions apply.
Justice Brunner’s dissent highlighted a conflict between laws allowing access to death certificates and those restricting access based on privacy concerns for deceased individuals' identities.