CNN instructs McConnell Valdés in petition to release Hurricane María death records in Puerto Rico

Puerto Rico law firm McConnell Valdés acted for CNN as the media company requested the release of the records of the death toll from Hurricane Maria.

CNN had filed a mandamus petition last February and it was subsequently consolidated with a similar case filed by the Center for Investigative Journalism. 

The Puerto Rico government had refused to provide the documents requested by CNN and other media organizations arguing that such records contained information that had to be kept private to protect the identities of the deceased and those the persons who furnished the information. In addition, the government argued that the information requested was preliminary and would only be final when it is published by the National Center for Health Statistics (a part of the Center for Disease Control) in November and December 2018. Finally, the Puerto Rico government claimed that releasing the records it became final would affect the its credibility. 

The Court of First Instance in San Juan found that the data contained in death certificates is a matter of public record and that the constitutional guarantee to a free press cannot be restricted when the government has not established a compelling interest to prevent the information from being released.  The Puerto Rico government now has seven days to produce the death certificates and related information which the Court found to be a matter of public record.  

Partner Juan A. Marqués-Díaz led the team at McConnell Valdés which advised CNN.