The public health system in the United States relies on the ability to share data quickly, efficiently and securely. For example, the CDC estimates that it receives 700,000 anonymized commercial lab tests a day, covering 167 conditions.1 The legal framework that governs public health data exchange is complex, and, depending on the data to be exchanged, may involve state, federal, Tribal and territorial laws. The resources below address some of the specific issues that come up when jurisdictions exchange public health data.
1 U.S. Centers for Disease Control and Prevention, Public Health Data Strategy (Jan. 16, 2025) https://www.cdc.gov/public-health-data-strategy/php/about/index.html#:~:text=700%2C000,per%20day%2C%20covering%20167%20conditions. [https://perma.cc/8WQJ-GSTN]
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Sharing Data for Outbreak Detection & Surveillance
This resource highlights key legal and practical considerations for health departments, and their legal counsel, when determining whether to share pathogen genomic surveillance (PGS) data with external parties
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What is the HIPAA Public Health Exception?
This resource provides an overview of HIPAA’s public health exception and how it applies to State, Local, Tribal, and Territorial (STLT) public health agencies.
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Tribes’ Access to Public Health Data
This resource aims to address some common questions that come up related to Tribal data sharing.
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Minimum Data Necessary: What Health Department Attorneys Need to Know
This resource discusses the minimum data necessary standard and how it applies to public health practice.
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Small Numbers Policies and Data Suppression: What Health Department Attorneys Need to Know
This fact sheet is intended to assist attorneys advising health departments in understanding small numbers policies so they can assist with their organization's compliance with such policies, while also complying with state or federal law.
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