Part 1 - PulseNet International

STANDARD OPERATING PROCEDURE FOR HANDLING INQUIRIES FROM LAWYERS AND
FREEDOM OF INFORMATION ACT (FOIA) REQUESTS
CODE: PNG04
Effective Date:
05 09 2005
4.2.2.2 General strategy
a. Keep whatever is needed for public health purposes.
b. Give whatever you can spare to a designated laboratory.
c. Direct all sample requests to the person/organization that originally provided
the sample.
d. Send back any unused samples.
4.2.3 How to handle requests for patient isolates
4.2.3.1 No clear directive on sharing isolates.
4.2.3.2 Discretionary, but if you provide isolates to one, you may have to provide to others.
4.2.3.3 CDC/FDDB policy is to wait until an investigation is completed before providing
isolates to outsiders.
4.2.3.4 CDC/FDDB often charges for expenses incurred in providing isolates.
4.2.3.5 If requester provides a public-health-related justification, it is difficult to deny access to
isolates.
4.3 Requests from lawyers
4.3.1 Attorneys may request information from federal establishments under the Freedom of
Information Act.
4.3.1.1 Federal statutes apply:
a. Only to records, not samples or isolates.
b. Only to documents or records that were previously produced (not required to create a
document for a FOIA).
c. Only to those records that do not infringe on a person’s privacy.
4.3.1.2 States may have different requirements
a. Some states have a FOIA equivalent:
(1) Open Records Act
(2) Public Records Act
4.3.2 Refer questions to the laboratory Section Chief or to the attorney’s office in OCOO.
5. FLOW CHART:
6. BIBLIOGRAPHY:
7. CONTACTS:
8. AMENDMENTS:
VERSION: REPLACED BY: AUTHORIZED BY:
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