SC prisons should not withhold inmates’ names, dates and causes of death.

That’s the opinion of SC Attorney General Alan Wilson.

In an 11-page letter to Department of Corrections Director Bryan Stirling, Wilson said that such information should be disclosed under the Freedom of Information Act.

“This office strongly supports transparency and disclosure under the Freedom of Information Act,” the opinion said.

“When in doubt, disclose,” his opinion said.

“The operation of our prisons and jails and what occurs therein are matters of great public importance.

“For that reason, among others, prisoners have a diminished expectation of privacy while in prison.”

Failure to disclose the identities of dead inmates would be a violation of the SC Freedom of Information Act.

“Disclosure is mandatory.” Stirling favored 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.”

HIPPA is a federal privacy law barring hospitals and health care centers from disclosing medical information on their patients.

“When inmates die, I work with county coroners to make sure information is available to the press and public,” Shain said.

“Our Division of Victim Services continues to notify victims when there is any change of custody or status involving their offender.

“When executions resume, we will follow the practice used by the Federal Bureau of Prisons unless we are advised differently by the Attorney General.”

Top FoIA lawyer Jay Bender said the courts have held that prison inmates have no privacy expectations.

“The notion that an inmate who dies has a right to privacy is bizarre because your right to privacy dies with you,” Bender said.

“One reason for the death penalty is for it to be a deterrent.”

Bender represents the Chronicle and the SC Press Association.