Death behind prison walls

Should the public be given critical information?

Posted 5/7/21

SC prison officials are concerned about violating federal privacy laws.

Until they gain an Attorney General's opinion, they are witholding names of inmates who die in prison. …

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Death behind prison walls

Should the public be given critical information?

Posted

SC prison officials are concerned about violating federal privacy laws.
Until they gain an Attorney General's opinion, they are witholding names of inmates who die in prison.
Department of Corrections Director Bryan Stirling favors continuing to release names, said SCDC Communications Director Chrysti Shain. 
"Recently some staff members in our medical and legal divisions raised questions about whether it is legal to do so, saying they believe it violates HIPPA"
When questions were raised about legality, Stirling "took the responsible path of seeking expert advice to ensure the department was acting properly," she said.
"When inmates die, I work with county coroners to make sure information is available to the press and public.
She also said "Our Division of Victim Services continues to notify victims when there is any change of custody or status involving their offender.
"We believe the death penalty is exempt from HIPPA. When executions resume, we will follow the practice used by the Federal Bureau of Prisons unless we are advised differently by the Attorney General’s office."
Top FoIA lawyer Jay Bender said the courts have held that prison inmates have no privacy expectations. 
“No privacy” holding is more true when inmates die, Bender said.
“The notion that an inmate who dies has a right to privacy is bizarre because your right to privacy dies with you,” Bender said.
As for keeping secret the names of inmates who have been executed, Bender said that would be ridiculous.
“One reason for the death penalty is for it to be a deterrent. 
"What is the prison system going to do after an execution, say, of an unnamed inmate who was executed for some crimes he committed long ago?” Bender asked. 
Bender represents the Chronicle and the SC Press Association.
 
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prison, inmates, death, Alan, Wilson, Jay Bender, Bryan, Sterling

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