✔ Provide answers to legal questions about data sharing on BaseCamp
Completed by Zach F.
- Assigned to
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Amy I.
Arden N.
Bukky O.
Caleb W.
Carly B.
Danielle H.
David A.
Djibril C.
Emily H.
Erin A.
Eunice A.
Haytham S.
Hieremila H.
James M.
Jennifer S.
Jessica B.
John P.
Jyllisa M.
Karl S.
Madison T.
Megan H.
Michael T.
MisChele V.
Rendi M.
Russell J.
Sara R.
Steve M.
Talmage H.
Tolu O.
Zach F.
- Due on
- Notes
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In anticipation of questions and requests regarding the legal-issues with data sharing, please reply to this to-do using the discussion area with answers and references to the following:
- Is your inter-jurisdictional sharing permitted or barred under a formal agreement (e.g. a law (e.g. HIPAA) or public health authority) or informal agreement (“handshake”, MOU, information sharing, etc.)?
- If 'yes' to #1, please provide copy or hyper-link to the relevant legal agreements (templates), laws, rules, or other (either permissive or preventing)
- For your agency, on whose authority can inter-jurisdictional data sharing be granted for…
- Health agency to health agency
- Health agency to other governmental agency; e.g., public safety
TCA 1200-14-01-.15 "General Measures for the Effective control of Reportable Diseases".
And our trading partner agreements highlight that the data we receive will be used for "public health business practice".
TDH's general public data release policy is below (although it is currently being revised):
Some of our (informal) trading partner agreements have specific amendments that our partner organizations required and the contents of these varies.
3. Health agency to health agency for public health use cases would be okay if the public health authority is legally authorized to collect or receive the information for the purpose of preventing or controlling disease, injury, or disability.
Health agency to other government agency would probably require legal review or IRB approval if it involved PHI (any line level information). Otherwise, it would be subject to our public data release guidance.
- For our region, sharing is permitted through a charter with the members of the Syndromic Surveillance Consortium of Southeast Texas
If 'yes' to #1, please provide copy or hyper-link to the relevant legal agreements (templates), laws, rules, or other (either permissive or preventing)
For your agency, on whose authority can inter-jurisdictional data sharing be granted for…
- For health departments in the regional consortium. Health agency to health agency