Annotations for Decision

Because the privacy interests of injured employees in personal details, such as home address, telephone number, and social security numbers, appearing on the S.F.1 forms required to be filed with Department of Worker’s Claims pursuant to Workers’ Compensation Act substantially outweigh the negligible Open Records Act related public interest in disclosure, such disclosure would constitute a “clearly unwarranted invasion of personal privacy” under subsection (1)(a) of this section. Zink v. Department of Workers' Claims, Labor Cabinet, 902 S.W.2d 825, 1994 Ky. App. LEXIS 141 (Ky. Ct. App. 1994). Full Details

In determining whether a request for certain public records constitute a clearly unwarranted invasion of person privacy under KRS 61.878(1)(a), the court must first determine whether the subject information is of a “personal nature” and if it finds it is a must then determine whether public disclosure “would constitute a clearly unwarranted invasion of personal privacy.” This latter determination entails a “comparative weighing of antagonistic interests” in which the privacy interest in nondisclosure is balanced against the general rule of inspection and its underlying policy of openness for the public good. Zink v. Department of Workers' Claims, Labor Cabinet, 902 S.W.2d 825, 1994 Ky. App. LEXIS 141 (Ky. Ct. App. 1994). Full Details

The Legislature in adopting the open records law clearly intended to grant any member of the public as much right to access to information as the next; the only relevant public interest in disclosure to be considered is the extent to which disclosure would serve the principle purpose of the Open Records Act. Zink v. Department of Workers' Claims, Labor Cabinet, 902 S.W.2d 825, 1994 Ky. App. LEXIS 141 (Ky. Ct. App. 1994). Full Details