CPRA for case data

Derek Kravitz filed this request with the Department Of The Medical Examiner of San Diego County, CA.

It is a clone of this request.

Submitted Aug. 17, 2022
Status
Completed
Tags

Communications

From: Derek Kravitz

Subject: California Public Records Act Request: CPRA for case data

Fax

To Whom It May Concern:

Please consider this a Public Records Act request for case records dating from January 1, 2020, to the date this request is ultimately fulfilled. Please respond with the following information for each case:

- case number
- decedent name
- date of death
- location of death
- race
- ethnicity
- age
- gender
- occupation/industry
- whether injury/infection occurred at work
- incident location (street address, city, state, ZIP where injury/infection occurred)
- incident date
- decedent residence (street address, city, state, ZIP)
- cause(s) of death (indicating if COVID related)
- contributing factors
- any other accessible, non-exempt information contained in electronic case records

This information is produced annually on the Medical Examiner's data portal. Please provide a similar spreadsheet report for the dates requested including the information listed above. This request is part of an ongoing collaboration involving the Brown Institute for Media Innovation, the John S. Knight Journalism Fellowships at Stanford University, the MuckRock Foundation and partner newsrooms across the country. This request is part of a news-gathering process and is intended for educational, not commercial use.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically by e-mail attachment.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

--

Derek Kravitz
Brown Institute for Media Innovation
Columbia University
(573) 239-7440

From: Department Of The Medical Examiner

Subject: Medical Examiner's Data

Email

M. Kravitz,

I have attached the Medical Examiner's data you requested. Please be advised that this data does not include any cases that are presently open, or sealed by law enforcement.

Please also be advised that certain information, specifically the addresses or contact information of individuals must be withheld from public disclosure - see below for details. The city and zip code of the incident, the place of death, and the decedent's residence are included here when available, but the specific street addresses are withheld.

If you need any further assistance, please contact our office.

Emily McMullen
Pronouns: any/all
Administrative Analyst
Medical Examiner's Office
County of San Diego

The following information must be redacted from our reports. This includes:
* Medical record information obtained by a coroner or medical examiner pursuant to Civil Code §56.10 (b)(8) and (c)(6), incorporated by Government Code §6254 (k);
* Other medical information or similar information that would constitute an unwarranted invasion of privacy under Government Code §6254 (c) and the California Constitution, article 1, section 1*;
* Personal and/or private information of individuals under Government Code §6254 (k), incorporating the California Constitution, article 1, section 1*;
* Protected organ donor information pursuant to Health and Safety Code §7150, et seq;
* Privileged information prohibited from disclosure pursuant to federal and/or state evidence laws, such as Evidence Code §1040.

*Right to Privacy: Courts have recognized the surviving family member's right to personal privacy. Therefore, even if a decedent no longer has a privacy interest, the family member(s) have a privacy interest over the disclosure of information contained within an autopsy report. For instance, a decedent may not have a right to privacy over their medical history, but the surviving family member does. Accordingly, families hold a substantive due process right under the 14th Amendment and that information should be redacted to protect their privacy interests. (See Marsh vs County of San Diego, 680F.3d 1148 (2012); National Archives and Records Admin vs. Favish, 541 U.S. 157 (2004).)

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