Since The Data Will Be Hosted By The CDC, Will The Data Be Subject To Freedom Of Information Act Requests?

No. The patient data hosted by CDC via Lab Tracker will be owned by the affiliates and not be used, controlled or accessed by the CDC or any other federal agency; therefore it is not a “federal system of records” which would subject it to this regulation. In addition, since this patient information will be protected by HIPAA, the Privacy Act will also not apply. The Privacy Act of 1974 applies to information in a system of federal records. The Privacy Act applies to information in a federal record, and HIPAA applies to covered health care entities. Since this patient information belongs to the health care provider and CDC will not have access to it; the HIPAA Privacy Rule provides the best protection of the patient’s privacy and confidentiality.