Alameda DPH and Verily
It is a clone of this request.
| Submitted | Oct. 26, 2020 |
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Communications
From: Aarian Marshall
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
All electronic communications, including attachments, sent to and received from employees of Verily created on or after March 1, 2020, through today's date.
Email: All department of public health staff
Keywords: "@verily.com"
Timeframe: 3/1/2020-10/26/2020
WIRED has been a leading publication covering technology and science for more than 25 years, and this request is being made for newsgathering purposes. As such, I request that any fees that might normally be assessed be waived in the public interest. The requested documents will be made available to the general public.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter.
I look forward to receiving your response to this request within 10 calendar days, as the statute requires.
Sincerely,
Tom Simonite
From: Department of Public Health
Dear Mr. Simonite,
I am in receipt of your Public Records Act request dated October 26, 2020, in which you requested "All electronic communications, including attachments, sent to and received from employees of Verily created on or after March 1, 2020, through today's date." The Alameda County Public Health Department will treat the end date of the requests to be the date of receipt, October 26, 2020.
Your request fails to reasonably describe an identifiable public record or records, as required by the PRA. (Gov. Code § 6253(b). The request is unduly burdensome, as the costs to the Public Health Department in searching all records and attachments clearly outweighs the general public benefit of disclosure of public records. (Gov. Code § 6255; California First Amendment Coal. v. Superior Court, 67 Cal.App.4th 159, 166 (1998); see Rogers v. Superior Court, 19 Cal.App.4th 469, 481 (1993) (requests must be "specific and focused"). Please consider tailoring your request to identify specific business records.
The Public Health Department will not produce records or portions thereof that are exempt from disclosure, including medical files and similar files; records protected by rights to privacy or by the attorney-client privilege, attorney work product doctrine, deliberative process privilege, or official information privilege; records constituting preliminary drafts, notes or interagency or intra-agency memoranda that are not retained in the ordinary course of business; records protected by other applicable exemptions or prohibition from disclosure pursuant to the PRA or applicable law, including without limitation the Health Insurance Portability and Accountability Act (HIPAA); and similar records where the public interest in disclosure is clearly outweighed by the public interest in nondisclosure. (See also Civ. Code §§ 56, et seq.; Gov. Code §§ 6254(a), (c), (k); 6255; 6276.06; see generally, Gov. Code §§ 6254, et seq.)
Respectfully,
Kabir Hypolite, Esq.
Special Projects Manager
1000 Broadway, 5th Fl.
Oakland, CA 94607
(510) 208-5941 ofc.
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From: Aarian Marshall
Thanks for your email.
I would like to amend my request to cover the electronic communications sent and received by two department employees—director Kimi Watkins-Tartt and interim health officer Erica Pan. The other parameters remain unchanged: All electronic communications, including attachments, to and from employees of Verily, for the timeframe 3/1/2020-10/26/2020.
Regards,
Tom