Request By:
Mr. Chester Hager, Coroner
Fayette County
312 North Limestone Street
Lexington, Kentucky 40508
Opinion
Opinion By: Steven L. Beshear, Attorney General; Carl T. Miller, Jr., Assistant Attorney General
The Honorable Timothy Cone, attorney, has appealed to the Attorney General pursuant to KRS 61.880, on behalf of his client, The Lexington Leader, your denial of inspection of certain public records in your custody. The records are described as records showing the results of blood and urine tests made on six named individuals who died in automobile accidents, which deaths were investigated by you as coroner. You responded to the request by letter dated November 4, 1982 stating that on the advice of the County Attorney you would not release the records because of the provision in the Kentucky Open Records Law, KRS 61.878(1)(a), which exempts records from the requirement of mandatory public inspection which contain information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy.
You also stated that your refusal to allow inspection of the records was to protect your office "from any litigation from the families of those people unless the written permission is given by the parents of all the deceased. "
Opinion of the Attorney General
It is the opinion of the attorney general that your refusal to allow inspection of the requested records is not in accordance with the open records law, KRS 61.870 to 61.884. Specifically, the requested records cannot be withheld from public inspection on the ground of personal privacy since the records pertain to persons who are deceased and their right of privacy terminated at the time of their death. OAG 81-149.
"The right to privacy is a personal one ending with the death of the person to whom it is of value. It may not be claimed by his estate or by his next of kin."
McLean v. Rogers, 100 Mich. App. 734, 300 N.W.2d 389, 391 (1980).
Relatives of the deceased persons cannot claim any right of privacy concerning their deaths. "[T]here is no recognized cause of action for invasion of a relational right of privacy . . .,"
Weller v. Home News Publishing Company, 112 N.J. Super. 502, 271 A.2d 738 (1970).
In OAG 82-458 we pointed out that when a coroner's inquest finds that a death resulted from a crime being commited and a criminal prosecution arises all evidentiary material should be turned over by the coroner to the prosecuting authority as provided by KRS 72.020(2). Such material may be withheld from public inspection pending the completion of the prosecution under KRS 61.873(1)(f). But, where the cause of death is an accident or where no criminal prosecution is pending or being considered blood and urine test results are not exempt from public inspection.
You have the right to challenge this opinion in court as provided by KRS 61.880(5). As directed by statute a copy of this opinion is being sent to the requester.