Freedom of Information Officer, Dept. of Mental Health & Addiction Services v. Freedom of Information Commission

Summary

The court held that the department and its freedom of information officer had standing to appeal the commission’s disclosure order because the order created a colorable risk of direct institutional, criminal, and civil injury. On the merits, it held that medical and dental records created at an inpatient mental-health facility during a patient’s treatment are protected psychiatric records and exempt from disclosure. The court therefore reversed and remanded with instructions to sustain the department’s appeal.