During COVID, the Department of Public Safety sent an e-mail to 260 employees–without using blind carbon copy–with a reminder to submit weekly COVID tests. The unions representing some of the e-mail recipients filed an invasion of privacy complaint alleging that the e-mail disclosed personal information regarding employees’ vaccination status. The Department moved to dismiss the complaint, arguing that the public records law barred the claims. The unions responded that the public records law prohibited disclosure of the information. After the circuit court granted the motion to dismiss, the unions appealed.
Public First sought permission from the Intermediate Court of Appeals to file an amicus curiae (friend of the court) brief. The proposed brief explained that this case was not about the public records law (UIPA). UIPA is not a confidentiality law that prohibits disclosure of government information, but it also does not preclude claims, such as the unions’, for invasion of privacy when the government allegedly discloses highly personal and intimate information for no legitimate purpose.
- Unions’ Opening Brief (1/26/23)
- Department’s Answering Brief (3/31/23)
- Unions’ Reply Brief (4/24/23)
- Motion for Leave to File Amicus Curiae Brief and Proposed Amicus Curiae Brief (9/19/24)
- Unions’ Memorandum in Opposition (9/20/24)
- Department’s Memorandum in Opposition (9/25/24)