ACLU sues auditor for access to complete prisoner health reports
State Auditor Diana DiZoglio insists that the information that was withheld had nothing to do with prisoner health care.
The ACLU of Massachusetts is demanding greater transparency from state Auditor Diana DiZoglio’s office, alleging in a lawsuit that her staff won’t release complete reports on deaths and health care access at two state prisons.
But DiZoglio insists that the information that was withheld had nothing to do with prisoner health care and says she could have explained that if the ACLU had just asked.
In March, DiZoglio released a pair of incomplete reports on people incarcerated by the Plymouth and Barnstable sheriffs’ departments and later withheld the full reports after the ACLU filed a public records request seeking the missing information, according to the suit filed Tuesday in Suffolk Superior Court.
One issue DiZoglio’s office identified was omitted in both public reports, with her staff citing “confidential information.” In the full reports released to the ACLU, that issue is “completely redacted,” including in the table of contents, so that it is impossible to know what it is, according to Daniel McFadden, a staff attorney at the American Civil Liberties Union of Massachusetts.
“We are concerned because prisoners are in a vulnerable situation where they are dependent on the state to provide them with all necessary services, including health care,” McFadden said in an interview. “It is certainly very concerning that the auditor appears to have identified some type of issue with the way that prisoners are able to access or take advantage of health care, and that the public is not being informed as to what that issue is or whether or not it’s been corrected.”
DiZoglio’s office justified withholding the missing information by citing an exemption to the state’s public records law that “shields records that a terrorist would find useful to maximize damage,” according to the complaint filed in the case.
“It does not shield information concerning the administration of healthcare services in the houses of correction,” the lawsuit says.
The suit asks a judge to order DiZoglio’s office to provide a reason for not releasing the information, to order the records released, and to require the auditor’s office to pay the ACLU’s attorney fees and costs.
DiZoglio said Wednesday that the information was withheld because it relates to cybersecurity, and the law was properly applied.
“Had ACLU leaders simply called to meet up with me for a coffee or have a conversation regarding their concerns before taking to Twitter, filing in court, and calling the press — I would’ve had the opportunity to potentially help alleviate some of their concerns and provide the additional clarity they seek,” she said in a statement.
With cybercrime on the rise and government agencies frequently targeted, DiZoglio’s office “has a new IT audit unit dedicated to auditing information technology with a focus on cybersecurity in state agencies,” she said.
“Carelessly publicizing identified cybersecurity challenges found within state systems puts those systems at risk,” DiZoglio said. “If current ACLU leaders disagree with the law in this regard and believe we should instead publicize specific cybersecurity risks — they are, of course, welcome to make that case in court. In the meantime, I remain available for conversations regarding this matter.”