Most of the state and federal laws regarding the collection and use of data for programs are quite restrictive, but they typically have a clause, similar to the “routine use” provisions in the federal Privacy Act, that allows agencies to use data to achieve the “program’s purpose.” Researchers and others who want access to the data use this clause in the same way as the “routine use” clause of the Privacy Act. Harmon and Cogar (1998) suggest that federal agencies often label their data uses as “routine” without determining if the use is consistent with the purpose for which the information was collected. Some state agencies follow a similar practice, although standards vary dramatically from state to state and agency to agency.

In their report about experiences in five states, “The Protection of Personal Information in Intergovernmental Data-Sharing Programs,” Harmon and Cogar (1998) describe the complexity of the information protection provisions that apply to individuals under the U.S. Department of Agriculture (USDA) Food Stamp Program’s Electronic Benefit Transfer (EBT) project and the HHS Child Support Enforcement Program’s Federal Parent Locator Service/National Directory of New Hires project. None of the states reported major violations of privacy in the operation of the Child Support Enforcement and EBT programs, but the significant variation in regulation of information across the states could prove a significant barrier to the overall data-sharing responsibilities of the systems and for researchers who want to use the data. Moreover, most of the states, with the exception of Maryland, paid little heed to researchers’ needs. Maryland’s statutes specifically authorize public agencies to grant researchers access to personal information under specified conditions. This statute appears as Appendix 8-A as an example of model legislation that authorizes researcher access to data.13

UC Berkeley’s Data Archive and Technical Assistance also explored confidentiality issues in its inventory (UC Data Archive and Technical Assistance, 1999) of social service administrative databases in 26 states. This study found that researchers and administrators from other programs who seek access to social service data must negotiate with the owners of the data, and they must demonstrate that they meet the legal criteria for access. Legislation and regulations were characterized as generally requiring the party petitioning for access to the data to identify: (1) the benefits associated with release of the data, (2) how the research will benefit administration of the programs, and (3) how confidentiality of the data will be protected from unauthorized disclosure.

In most cases, a formal contract or interagency agreement was required, and often these agreements are required because of legislative mandates. Apart from the legal issues of gaining access to confidential data, there are often coordination issues that affect the transfer of information from one agency to another. Only

13  

We also include Washington state’s statute, which provides for researchers having access to administrative data.



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