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Federal Privacy Laws - Network for Public Health Law resource

Data are essential to inform public health activities. While an abundance of data are collected and used in different sectors, laws define how data can be used to promote health of individuals and communities.

Year 2019

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Tool: Checklist of Information Needed to Address Proposed Data Collection, Access and Sharing

This checklist provides a list of questions that public health authorities should consider prior to initiating new Act;ivities involving data collection, access, and sharing.

Year 2014

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Administration for Children and Families (ACF) Confidentiality Toolkit

This toolkit to assist governments promote coordination and collaboration between various governmental agencies and programs relating to children and families.

Year 2014

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Behavioral Health Data Sharing Toolkit

This online toolkit provides information on sharing behavioral health information under California and federal laws with the goal of assisting the integration of behavioral and physical health information for more comprehensive patient care.

Year 2017

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Business Associate Contracts

This HHS guidance provides a template for a HIPAA business associate agreement.

Year 2013

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Clinical Broad Data Sharing Consent Resources

This resource for clinicians and clinical laboratories contains information and sample broad consent agreements (in several languages) for using identifiable genetic and health information in future research.

Year 2017

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Clark County Information Sharing Guide

This resource provides guidance relating to Inter-Agency data sharing; for juvenile justice reform in Washington state.

Year 2012

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Cloud Computing: A Primer on Legal Issues, Including Privacy and Data Security Concerns

This slide deck provides an overview of legal issues associated with cloud computing and provides considerations for negotiating contrAct; terms with cloud computing providers.

Year 2010

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Comparison of FERPA and HIPAA Privacy Rule for Accessing Student Health Data

This document provides a side-by-side comparison of the FERPA and HIPAA privacy protections to facilitate sharing between schools and health agencies.

Year 2012

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Legal Agreements & Supporting Documents

This online resource provides a brief overview of the importance of data use agreements and contrAct;s in obtaining and using administrative data, and it contains links to sector-specific resources and example agreements.

Year 2016

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Legal Issues Concerning Identifiable Health Data Sharing Between State/ Local Public Health Authorities And Tribal Epidemiology Centers In Selected U.S. Jurisdictions

This resource provides a general overview of the legal authority of state, local and tribal public health agencies to collect, use, and share data for public health and research purposes.

Year 2011

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Legal Issues Related to Sharing of Clinical health; Data with Public Health Agencies

This document discusses legal issues relating data sharing between health care providers and public health agencies.

Year 2016

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Make open data Sharing a no-brainer for ethics committees

This resource is an online repository for consent forms that have been used in IRB-approved research, with a focus on neuroimaging research.

Year 2018

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Measuring Performance: A Guidance Document for Promise Neighborhoods on Collecting Data and Reporting Results

This resource provides a process for Promise Neighborhood grantees to establish data systems and processes to collect and report data required by the Government Performance and Results Act; (GPRA).

Year 2013

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Medicaid Managed Care for Members with Mental Health Conditions and/or Substance Use Disorders: Strategies Used by Medicaid Managed Care Organizations to Promote Effective Information Sharing

This resource describes strategies for promote data sharing for Medicaid managed care organizations, specifically sharing physical health, mental health, and substance abuse data to provide more integrated care.

Year 2016

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Minnesota Statutes Governing Data Classification and Sharing

This resource summarizes key Minnesota state laws relating to data sharing.

Year 2013

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National Forum on Youth Violence Prevention: HIPAA Privacy Rule Considerations

This HHS Office for Civil Rights slide deck provides a brief overview of the HIPAA disclosure provisions.

Year 2011

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Quick Reference: HIPAA and Public Health

This resource provides a one-page overview of several HIPAA provisions as they relate to public health agencies.

Year 2013

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Registries for Evaluating Patient Outcomes: A User's Guide Third Edition

This two-volume manual provides detailed information on creating and operating various health-related registries.

Year 2014

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Roadmap for Foster Care and K/12 Data Linkages Key Focus Areas to Ensure Quality Implementation

This resource provides guidance on linking education and foster care data. It provides detailed description of general issues relating to data sharing.

Year 2017

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Rising to the Challenge: Building Effective Systems for Young Children and Families, a BUILD E-Book

This resource provides information on creating linked data systems relating to early learning and development.

Year 2015

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Connecting the Dots: The Promise of Integrated Data Systems for Policy Analysis and Systems Reform

This resource provides an overview of the legal, ethical, scientific, and economic challenges associated with creating integrated data systems for inter-agency collaborations and research.

Year 2010

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Conquering the Trials and Tribulations of Data Sharing and Linking

This slide deck provides information on legal and policy considerations and misconceptions related to early childhood integrated data systems, including lessons learned from early childhood data systems implemented in Connecticut and North Carolina.

Year 2014

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Consumer consent options for electronic Health Information Exchange;: policy considerations and analysis

This document reviews and evaluates the potential effects of different consent models for Health Information Exchange; providing policymakers with considerations and tradeoffs for each model.

Year 2010

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Criminal and Epidemiological Investigation Handbook

This resource provides guidance on joint criminal and epidemiological investigations involving law enforcement and public health officials.

Year 2011

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Data De-identification: An Overview of Basic Terms

This resource provides an overview of key concepts relating to data de-identification as it pertains to FERPA.

Year 2012

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Data Sharing Requirements Initiative: Collaborative Approaches to Advance Data Sharing

This resource provides guidance for organizations working in alternative payment models to better obtain and use data form outside organizations, and provides brief overviews of a few relevant legal issues.

Year 2017

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Data Sharing to Enable Clinical Transformation at the Community Level: IT Takes a Village

This issue brief examines select communities and organizations that have made investments in health information technology and Health Information Exchange;.

Year 2014

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Data Sharing: Creating Agreements In support of community-academic partnerships

This resource provides guidelines and best Practices for data sharing between academia and community organizations.

Year 2012

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Developing Data Sharing Agreements

This resource provides information and links relating to data sharing agreements pertaining to education data and student records.

Year 2016

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Disclosure of Individual Health Information & HIPAA Requirements

This resource explains requirements for a few of the HIPAA disclosure provisions, including whether disclosures must be logged by covered entities for accounting purposes.

Year 2016

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Disclosure of Substance Abuse Records With Patient Consent: 50 State Comparison

This resource provides summaries of the legal protections of substance abuse records for all 50 states.

Year 2013

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Federal Law Statutory Compilation Confidentiality, Privacy, & Information Sharing Provisions

This legal overview; provides a breakdown of select federal data protection laws.

Year 2013

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Federal Statistical Research Data Centers

This website contains information about federal statistical research data centers, including information about available government data and the processes for accessing that data for research.

Year 2015

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SAMHSA - HRSA Center for Integrated Health Solutions

This online resource provides information and resources relating to contracts and MOUs to facilitate care coordination between community-based primary and behavioral health care providers.

Year 2011

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Sharing Data and Protecting Your Community

This resource provides information and guidance associated with research involving the genetic information of tribal communities and includes links to example data use contrAct;s with Tribal and American Indian/Alaskan Native organizations.

Year 2011

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Sharing Data for Better Results: A Guide to Building Integrated Data Systems Compatible with Federal Privacy Laws

This toolkit provides guidance on federal data protection laws to government employees and elected officials to facilitate the integration of data systems and government services.

Year 2014

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Strength in Numbers: Supporting Quality Improvement in Early Care and Education Programs through Linking Administrative Data

This resource describes challenges in linking administrative data relating to early care and education programs and provides specific strategies to address them.

Year 2016

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Submit a Data Sharing Application

This resource provides guidance and links to other resources for researchers needing data sharing agreements to use military health information managed by the US Defense Health.

Year 2015

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Summary of the HIPAA Privacy Rule

This HHS guidance provides an overview of the federal HIPAA protections and requirements.

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The Family Educational Rights and Privacy Act; Guidance for Reasonable Methods and Written Agreements

This guidance document provides answers to frequently asked questions regarding the FERPA protections and disclosure provisions.

Year 2012

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The Legal Landscape of Justice and Health Information Sharing

This issue brief describes select federal laws relating to data protections for justice and health information and outline relevant state law issues and ethical principles for organizations to consider.

Year 2013

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The Privacy and Security of Non-Traditional Occupational Health Services

This resource provides an overview of the federal laws relating to data protections for occupational health records and provides some guidance for determining which regulations could apply in given circumstances.

Year 2013

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The Privacy and Security of Occupational Health Records

This issue brief provides an overview of federal laws relating to occupational health records and gives best prAct;ice recommendations for protecting the privacy and security of occupational health records.

Year 2013

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Tribal Epidemiology Toolkit

This toolkit provides resources and best Practices to promote population health among tribal communities by enhancing public health surveillance in Indian Country.

Year 2013

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FERPA Exceptions Summary

This resource summarizes four FERPA exceptions permitting personally identifiable information. The disclosure exceptions relate to directory information, school officials, studies and audits or evaluations.

Year 2014

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Florida Codified Law Review Information Sharing Initiative

This resource summarizes key Florida state laws relating to data sharing.

Year 2011

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Guidance for Reasonable Methods and Written Agreements

This guidance document provides information on the FERPA protections and exceptions. It includes recommended best Practices for data sharing under the various exceptions and creating written agreements.

Year 2015

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Guidance on the Use of Financial Aid Information for program evaluation; and Research

This document provides guidance and information on legal issues relating to using student financial aid information for program evaluation; and research.

Year 2017

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Guide to Privacy and Security of Electronic Health Information

This guide provides a detailed review of the federal HIPAA protections and special considerations associate with electronic health information.

Year 2015

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Health Information & the Law

This website provides information on state and federal laws pertaining to health information. It provides overviews of state and federal laws, analysis of important legal issues, and various legal resources.

Year 2018

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Immunization Data Sharing, HIPAA, and MIIC

This guidance document examines whether the HIPAA protections permit providers to submit immunization data to a Minnesota immunization registry without patient authorization.

Year 2016

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Issue Brief: Disclosure of Identifiable Information by the Veterans Health Administration for Public Health Purposes

This issue brief examines federal laws governing the release of identifiable information by the Veterans Health Administration for public health Act;ivities.

Year 2016

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Laws and Regulations Governing the Disclosure of Health Information (2014 update)

This issue brief provides an overview of the governance structure of health information with a specific focus on the laws and regulations relating to disclosure.

Year 2014

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Unemployment Insurance (UI) Data Sharing

This resource provides a brief overview of New York's UI Data sharing Bill (S5773A). The resource describes the new uses for unemployment insurance data permitted under the bill under NYS Labor Law Labor Law 537.

Year 2013

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New York State Privacy & Confidentiality Toolkit

This toolkit provides resources for government agencies to share information and facilitate the creation of a Child Health Passport.

Year 2014

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A Legal Guide to Privacy and Security

This resource provides an overview of several federal data protection laws relating to different sectors and select state law frameworks.

Year 2017

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FERPA 201: Data Sharing under FERPA

This online training course provides an overview of the FERPA legal protections and exceptions relating to data sharing.

Year 2012

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National Neighborhood Indicators Partnership Lessons on Local Data Sharing

This resource describes a process for negotiating data sharing agreements with local agencies with the goal of creating a neighborhood indicator system.

Year 2016

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Open Government Guide

This resource contains information on state open records laws (sometimes known as freedom of information laws or sunshine laws).

Year 2011

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Privacy and Data Sharing

This resource provides a brief overview of the FERPA provisions relating to the disclosure of education records.

Year 2014

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Recommended Informed Consent Language for Data Sharing

This resource provides general information and recommendations relating to informed consent documents for researchers.

Year 2014

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Administrative Data and Disease Surveillance: An Integration Toolkit

This resource discusses issues associated with the integration of administrative and disease surveillance data for public health applications, including real and perceived barriers to integration.

Year 2011

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American Statistical Association Committee on Privacy and Confidentiality

This resource provides guidance, Resource links; training modules, and legal summaries relating to privacy and confidentiality in a variety of sectors.

Year 2011

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ASTHO Public Health & Information Sharing Toolkit

This toolkit outlines concepts and issues relating public health agencies' authority to collect, use, and share information for emergency preparedness and response.

Year 2012

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ASTHO Public Health & Schools Toolkit

This toolkit provides information, fAct; sheets, and resources relating to public health agencies' legal authority to conduct public health Act;ivities in schools, including accessing student health information.

Year 2013

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Sharing data: legal and policy considerations

This resource provides best Practices concerning the legal and policy considerations pertaining to sharing research data.

Year 2012

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SLDS Issue Brief: Sources and Linking Strategies for Employment Data

This issue brief describes different strategies for linking employment data, education data, and other social service data.

Year 2016

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Substance Abuse Confidentiality Regulations

This website contains answers to frequently asked questions relating to the substance abuse confidentiality regulations found at 42 C.F.R.

Year 2018

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Summary of Selected Federal Laws and Regulations Addressing Confidentiality, Privacy and Security

This resource provides a summary of nearly 50 different federal laws relating to data protection in different sectors.

Year 2010

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The Importance of Data Sharing to Support Integration of Substance Use Treatment in California's Medi-Cal Program

This issue brief analyzes two California case examples of data sharing to integrate physical health and substance abuse data, and describes how California used Medicaid waivers to integrate health care services.

Year 2017

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The Integration of Early Childhood Data State Profiles and A Report from the U.S. Department of Health and Human Services and the U.S. Department of Education

This resource provides information relating to the creation of early childhood integrated data systems using existing administrative data to state governments.

Year 2016

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Toolkit for Communities Using Health Data

This report by the National Committee on Vital Statistics describes the principles for data governance and stewardship.

Year 2015

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Toolkit for Planning an EHR-based Surveillance Program: The Surveillance Information Lifecycle

This toolkit provides guidance, resources, and tools to help users establish an EHR-based public health surveillance system.

Year 2016

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Top 10 Steps to Take Before Launching a Population Health Management Program

This resource provides guidance on creating a population health business unit for an internal employee or member-based accountability program.

Year 2014

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Fine Print: Rules for Exchanging Behavioral Health Information in California

This resource describes legal issues associated with sharing physical health, mental health, and substance abuse data, including a review of federal and California laws.

Year 2014

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Foundations in Privacy Toolkit

This toolkit contains template policies and procedures, template agreements, flow charts, and checklists designed to assist businesses and organizations in Minnesota comply with both state and federal laws.

Year 2017

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Guidance on the release of information concerning deaths, epidemics or emerging diseases

This guidance document provides recommendations to journalists and public health information officers pertaining to the release of health information in the context of public health incidents.

Year 2011

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Information Sharing in Medical-Legal Partnerships: Foundational Concepts and Resources

This issue brief provides healthcare prAct;itioners and legal services providers with information on the legal issues associated with sharing data in medical-legal partnerships.

Year 2017

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Integrated Data Systems and Student Privacy

This resource describes FERPA compliance issues associated with the creation and operation of integrated data systems involving education data.

Year 2017

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Interagency Data Disclosure

This US Department of Education resource provides tips on interagency data sharing and integration for education agencies, housing agencies, and organizations serving homeless persons.

Year 2015

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Inter-Jurisdictional Health Information Exchange;: Guidance for Public Health Agencies

This document provides guidance for creating inter-jurisdictional data sharing agreements to facilitate sharing between public health agencies in different jurisdictions.

Year 2013

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Issue Brief: Disclosure of Certificates of Death in Indiana

This issue brief examines the legal implications of the Indiana Supreme Court Case Evansville Courier & Press and Rita Ward v.

Year 2016

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Joint Guidance on Data Matching to Facilitate WIOA Performance Reporting and Evaluation

This joint guidance from the US Departments of Labor and Education discusses compliance issues associated with linked education data with unemployment compensation data and vocational rehabilitation data.

Year 2016

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Legal & Ethical Considerations for Health Department Data Sharing

This document describes legal and ethical for public health use of HIV data. It focuses on state laws and whether health departments can use or share HIV data for various purposes.

Year 2018

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Data License Agreement

This resource describes the process of entering a data license agreement to use HUD data for research purposes and provides links to the data license application and other resources.

Year 2017

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Data Policy Toolkit: Implementing the State Blueprint

This issue brief argues for the creation of longitudinal data systems and proposes that states adopt legislation; to remove policy barriers and authorize data sharing.

Year 2016

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Data protection in the United States: overview by Ieuan Jolly, Loeb & Loeb

This Q&A-format resource provides an overview of a variety of federal data protection laws.

Year 2017

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Data Protection Law in the USA

This resource provides an overview of select federal and state data protection laws that might be relevant to the operation of non-profit organizations.

Year 2013

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Data Sharing Agreement Checklist for IDEA Part C and Part B 619 Agencies and Programs

This resource provides information on creating written agreements to obtain and use education data protected by IDEA Parts B and C and FERPA.

Year 2014

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Data Sharing Between Law Enforcement and Schools

This resource provides answers to frequently asked questions relating to data sharing between education and law enforcement.

Year 2017

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Data Sharing Road Map: Improving Student Outcomes through Partnerships between Public Housing Agencies and School Districts

This HUD resource provides guidance to assist public housing agencies collaborate and develop data-sharing partnerships with school districts.

Year 2017

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Data-Sharing Tool Kit for Communities: How To Leverage Community Relationships While Protecting Student Privacy

This toolkit provides information and resources to help users better understand how to share data protected by FERPA.

Year 2016

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Federal Public Health Laws Supporting Data Use and Sharing

This issue brief provides a brief overview of federal laws that encourage the use and release of health information for public health purposes.

Year 2015

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Legal Issues for IDS Use: Finding a Way Forward

This resource outlines legal and policy considerations for creating an integrated data system. It provides guidance for negotiating and creating legal agreements to use data.

Year 2017

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Many Missing Pieces: The Difficult Task of Linking Early Childhood Data and School-Based Data Systems

This issue brief discusses various challenges to linking education and early childhood data. I provides a brief overview of a few federal laws protecting education and early childhood data.

Year 2010

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Models for Change Information Sharing Tool Kit

This toolkit provides information for jurisdictions seeking to share data to support juvenile justice reform efforts.

Year 2015

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Nebraska Codified Law Review Information Sharing Initiative

This resource summarizes key Nebraska state laws relating to data sharing.

Year 2010

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Privacy Tools for Data Sharing: Lessons Learned and Directions Forward

This resource compiles the slides and recordings of an interdisciplinary workshop summarizing findings from a 5-year NSF Secure and Trustworthy Cyberspace Frontier Project.

Year 2017

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Public Health Access to Student Health Data: Authorities and Limitations in Sharing Information Between Schools and Public Health Agencies

This issue brief discusses the FERPA and HIPAA data protections and exceptions relevant to data sharing between schools and public health agencies.

Year 2012

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Public Health Information and Data Sharing: The Legal Framework

These webinar slides describe the role of law in health information technology, health system outcomes, and barriers to data sharing.

Year 2016

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Research

This HHS guidance document provides an overview of the HIPAA provisions relating to the use of protected health information for research purposes.

Year 2018

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Using Administrative Data for Randomized Evaluations

This resource provides guidance on obtaining and using nonpublic administrative data for evaluation purposes.

Year 2015

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Using Electronic Health Data for Community Health

The resource walks through a series of legal analyses involving the application of the HIPAA rules to different case examples of health departments using health information for public health purposes.

Year 2017

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Written Agreement Checklist

This guidance from the Department of Education's Privacy Technical Assistance Center provides information on creating written agreements to obtain and use education data protected by FERPA.

Year 2015

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Information Sharing in Criminal Justice & Mental Health Collaborations: Working with HIPAA and Other Privacy Laws

This resource examines the laws relating to health information sharing in the legal, public safety, and criminal justice contexts.

Year 2010

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State and Federal Consent Laws Affecting Interstate Health Information Exchange

This resource provides an overview of legal and policy consent issues associated with interstate Health Information Exchange.

Year 2011

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The Freedom of Information Act

This website serves as a gateway to making Freedom of Information Act requests for information held by federal agencies.

Year 2010

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Data De-Identification Toolkit

This toolkit, from the Network for Public Health Law, is intended for a broad audience of health officials, privacy officers, public health practitioners, data managers and their attorneys.

Year 2019

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