09F

F. Privacy

F. Privacy

Overview

New Jersey

Strong privacy interests may constitute “good cause” to overcome the presumption of openness. For example, one court sealed the plaintiff’s medical exhibits as presented by the defendant, recognizing the plaintiff had a right to privacy in his medical information and there were no alternatives to sealing to protect this privacy right. See Locascio v. Balicki, 2011 WL 2490832 (D.N.J. June 22, 2011). 

F. Privacy

Overview

Maryland

Privacy concerns are at the heart of many of the limitations placed on disclosure of court records contained in Rule 16-1006, which limits access to records concerning children, certain sensitive medical records, and tax returns. See Sections I.D., V.A. & VIII, supra.

F. Privacy

Overview

Kansas

A Kansas law provides that, after a hearing, a judge may deny access to court proceedings or records on the basis of an identified “privacy interest.”  K.S.A. 60-2617(d).    In addition, the Kansas Open Records Act authorizes withholding of information if it “would constitute a clearly unwarranted invasion of personal privacy.”  K.S.A. 45-221(a)(30).   However, in Wichita Eagle Beacon Co. v. Owens, 27 P.3d 881 (Kan.,2001), the Kansas Supreme Court said that trial judges need to weigh the public interest in openness against any asserted interest in closure of proceedings or records.  The state supreme court said that trial judges should have the

F. Privacy

Overview

10th Cir.

F. Privacy

Overview

Illinois

Illinois courts have recognized various rights to privacy — including financial and medical — as rebutting the presumption of openness. Skolnick v. Altheimer & Gray, 191 Ill. 2d at 235, 730 N.E.2d at 18, 246 Ill. Dec. at 338; Coy v. Wash. County Hosp. Dist., 372 Ill. App. 3d 1077, 1083, 866 N.E.2d 651, 657, 310 Ill. Dec. 490, 496 (Ill. App. Ct. 5th Dist. 2007) (recognizing the Illinois public policy supported patients’ rights to privacy against disclosure).

F. Privacy

Overview

New Hampshire

F. Privacy

Overview

Vermont

F. Privacy

Overview

11th Cir.

F. Privacy

Overview

Indiana

F. Privacy

Overview

Washington