The US Court of Appeals for the Eleventh Circuit ruled Monday that Alabama cannot keep its lethal injection protocol secret from the public.

At issue was the failed execution of Doyle Hamm in February 2018. After several failed attempts to insert a needle into his veins, the execution was called off. The Associated Press and other news outlets subsequently requested the state’s execution protocol and related records.

The court implemented a cost-benefit analysis to determine whether Alabama had a right to privacy in regard to lethal injection. “The fact that Alabama zealously guards information about a matter of great public concern does not tip the scales against disclosure. The court concludes that the considerations in favor of unsealing the records greatly outweigh Alabama’s interest in maintaining secrecy.”

The appeals court upheld a federal judge’s ruling that the public has a right to the lethal injection records. “Judicial records provide grounds upon which a court relies in deciding cases, and thus the public has a valid interest in accessing these records to ensure the continued integrity and transparency of our governmental and judicial offices.”

Alabama’s lack of procedural disclosure also displays the potential for prejudice in its lethal injection activities. “The mere fact that members of the press could attempt—in future or ongoing cases—to intervene and seek access to Alabama’s execution protocol does not mean that the Intervenors are not prejudiced in this case.”