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You are here: Home1 / Freedom of Information Law (FOIL)2 / REQUEST FOR THE NAME OF THE MOHEL WHO PERFORMED CIRCUMCISION ON AN INFANT...
Freedom of Information Law (FOIL)

REQUEST FOR THE NAME OF THE MOHEL WHO PERFORMED CIRCUMCISION ON AN INFANT WHO BECAME INFECTED WITH HERPES SIMPLEX VIRUS PROPERLY DENIED.

The Second Department determined a reporter’s (Berger’s) request to the NYC Department of Health for the name of a mohel who performed a circumcision on an infant who became infected with herpes simplex virus (HSV-1) was properly denied. A person’s medical history is exempt from disclosure under the Public Officers Law. Revealing the mohel’s name would reveal his medical condition:

As relevant here, Public Officers Law § 87(2)(b) expressly exempts from disclosure records that “if disclosed would constitute an unwarranted invasion of personal privacy” under Public Officers Law § 89(2). Public Officers Law § 89(2)(b)(i) expressly includes “medical . . . histories” within the ambit of “unwarranted invasion of personal privacy” … . In turn, the Court of Appeals has held that “medical history” is ” information that one would reasonably expect to be included as a relevant and material part of a proper medical history'” … .

Here, inherent in Berger’s request for “the name of the mohel who infected an infant with HSV-1 during ritual circumcision in December 2012” is that the mohel is himself infected with, or a carrier of, the HSV-1 virus. Thus, the petitioners’ argument that they are not requesting the mohel’s “medical history,” but only his name, is without merit. Inasmuch as that information is undeniably ” information that one would reasonably expect to be included as a relevant and material part of [the mohel’s] proper medical history'” … , it is “medical history” within the meaning of Public Officers Law § 89(2)(b)(i). The conclusion is thus inescapable that disclosure of the record Berger sought would be an “unwarranted invasion of personal privacy” under Public Officers Law § 89(2)(b)(i) and Public Officers Law § 87(2)(b). Matter of Berger v New York City Dept. of Health & Mental Hygiene, 2016 NY Slip Op 01667, 2nd Dept 3-9-16

FREEDOM OF INFORMATION LAW (FOIL) (REQUEST FOR NAME OF MOHEL WHO INFECTED INFANT WITH HERPES SIMPLEX VIRUS PROPERLY DENIED)/PUBLIC OFFICERS LAW (FOIL, REQUEST FOR NAME OF MOHEL WHO INFECTED INFANT WITH HERPES SIMPLEX VIRUS PROPERLY DENIED)

March 9, 2016
Tags: Second Department
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