Page 41 - CLT020121

CONNECTICUT OPINIONS FEBRUARY 1, 2021 ¦ 41

a result of claims that sensitive medical infor- The state freedom of information commission
mation, contained in her records at Danbury dismissed a complaint, ruling that it lacked
and/or WCHN, was released to her by defen- authority to require that prison authorities ac-
dant Zipparo. Plaintiff was a patient at defen- cept a response to a FOI request on behalf of
dants’ facility and Zipparo was defendants’ a prison inmate that was recorded in electron-
employee. Plaintiff alleged that Zipparo gained ic form on a data CD. Jan Gawlik, an inmate
access to her confidential medical information in a Connecticut prison, made a request to
and then told plaintiff ’s then-boyfriend that state prison authorities that they provide him
plaintiff was HIV positive. Defendants moved with a copy of certain racial profiling reports
to strike, arguing that plaintiff failed to sat- from the State of Connecticut, Department
isfy the elements for a claim of respondeat of Emergency Services and Public Protection.
superior as plaintiff did not specifically plead Gawlik further requested that the reports be
that the acts Zipparo performed in accessing provided to him on a compact disc. DESPP
plaintiff ’s information were in furtherance of informed Gawlik that a CD containing the re-
her employment with defendants. Plaintiff ar- quested reports had been sent to him at his
gued that Zipparo performed the acts while in correctional facility. DESPP advised Gawlik
the employment of defendants. Among other that it was likely that the facility would not
things, the court granted defendants’ motion permit him to possess a CD inside the facil-
to strike as to plaintiff ’s claims for vicarious ity, and offered to send a copy of the CD to
liability, finding no facts in the complaint in- an “alternate address.” DESPP also offered
dicating any connection to job responsibilities to send Gawlik the requested information on
or access to the computer medical information paper, on payment of $54.75. Gawlik did not
of patients by Zipparo. Simply accessing the request paper delivery of a copy of the reports.
records or performing the alleged acts during The prison authorities received the CD. The
the time period of work does not create the authorities advised Gawlik that the CD could
presumption that the acts were in furtherance not be provided directly to him. Alternatively,
of Zipparo’s job responsibilities or were for the CD could be provided to Gawliki’s attor-
purposes of serving her employer. Allegations ney or a family member, if he so requested.
of impropriety and intentional wrongdoing do Gawlik did not respond to that offer. Instead,
not provide the necessary factual background Gawlik appealed to the FOI commission for
to support a claim of vicarious liability. The relief, alleging the prison authorities violated
court denied defendants’ motion to strike his FOIA rights by denying him the CD. The
plaintiff ’s allegation for breach of contract, commission dismissed Gawlik’s complaint.
as plaintiff provided factual allegations of the The records Gawlik requested were public
breach of her contract to protect the informa- records. However, under G.S. §1-210(b)(18),
tion and the damages she has suffered. disclosure was not required if the Department

of Corrections had reasonable grounds to be-
FREEDOM OF INFORMATION lieve disclosure might pose a safety risk. In
COMMISSION this case, the CD was withheld not because of
the content but, rather, because of the method
of delivery of such information. The commis-
sion concluded that the CD itself, as a method
of delivery of information, was not a pub-
PUBLIC RECORDS lic record. The respondents withheld the CD

Freedom of Information Commission containing the requested public records based
Lacked Jurisdictional Authority to on the department’s Administrative Direc-
tive 6.9, relating to the prohibition on contra-
band. The controversy between the parties in
Require Prison Authorities to Accept this case was whether the respondents appro-
Data CD on Behalf of Inmate priately and fairly enforced the department’s
administrative directive prohibiting inmates
CASE: In the Matter of a Complaint by Gawlik from possessing certain CDs in their cells. The
COURT: Freedom of Information Commission commission lacked jurisdiction to weigh in on
DOC. NO.: FIC 2020-0073
COURT OPINION BY: Freedom of Information Commission that controversy. Accordingly, the complaint
DATE: January 13, 2021 • PAGES: 4 had to be dismissed.

CONNECTICUT
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