Under a new policy adopted by the Lansing City Attorney’s Office, medical information is required to be redacted from public documents. In addition, employees who handle requests for public documents will be required to undergo an annual training regarding the law and the policy.
The new policy arose after City Attorney Brigham Smith released the HIV-positive status of a man arrested in a May sex-sting operation in Lansing’s Fenner Park. The status was in a police report detailing the arrest which Michigan Messenger, along with Triangle Foundation, Lansing Association for Human Rights and City Pulse newspaper requested.
The new policy is available on the City Attorney’s website, reports the Lansing State Journal.
Activists at the time said the release of the HIV-positive status violated a stringent, but untested, state law. In August, Lansing Mayor Virgil Bernero asked Mike Cox, Michigan’s attorney general, to review the release to make sure no laws had been violated. The AG’s office determined that no violations had occurred.
That ruling was called “scary” by State Sen. Gretchen Whitmer (D-East Lansing), and other leaders in the state expressed concern about the privacy of medical information.
Smith created an advisory board to help him craft the new policy. But even that group was controversial when it met behind closed doors to develop the draft.
Following Smith’s exoneration by the Attorney General’s office, he declared the city would no longer release medical information. However, his office turned around and released more medical information in documents related to a false report of a gay bashing.