OHSU v. Oregonian Publishing Co., LLC

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Civil Law
  • Date Filed: 05-11-2016
  • Case #: A152961
  • Judge(s)/Court Below: Sercombe P.J. for the Court; Hadlock C.J.; & Tookey J.
  • Full Text Opinion

Public records may not be disclosed if they contain information about the physical, mental health, psychiatric care, or treatment of a person, when that disclosure can cause an unreasonable invasion of privacy, and the public interest does not demand disclosure.

Plaintiff, Oregon Health and Science University (OHSU) appealed the trial court enjoining it from refusing to disclose information regarding tort claim notices that OHSU received contained within public records. Defendant, Oregonian Publishing Company, LLC (The Oregonian) originally requested the information under the Oregon Public Records Law (OPRL), ORS 192.410 - 192.505. OHSU took the position that it was not required to disclose the information and it should not be compelled to produce it. The Court did not determine which material should be disclosed because the public records in dispute were not contained in the trial court's record. However, the Court noted that public records may not be disclosed if they contain information about the physical, mental health, psychiatric care, or treatment of a person, when that disclosure can cause an unreasonable invasion of privacy, and the public interest does not demand disclosure. Reversed and remanded.

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