e-Mail Communications (Department of Public Health)
| Multi Request | e-Mail Communications |
| Submitted | May 12, 2020 |
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Communications
From: Nik Hatziefstathiou
To Whom It May Concern:
Pursuant to the California Public Records Act, I hereby request the following records:
All e-mail communications from Mar. 1, 2020 to Present Day with the keywords ‘Elon Musk’ and ‘Tesla’.
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,
Nik Hatziefstathiou
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following California Public Records Act request, copied below, and originally submitted on May 12, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From:
Dear Nik Hatziefstathiou,
I am writing on behalf of the Alameda County Public Health Department (PHD) with respect to your California Public Records Act (PRA) request received May 12, 2020. Pursuant to Government Code § 6253(c), PHD will need an additional 14 days to process and respond to your request, including to consult with a separate department for technical assistance to search for records.
The request asks broadly for "All e-mail communications from Mar. 1, 2020 to Present Day with the keywords 'Elan Musk' and 'Tesla'." The request is unduly burdensome, as the costs to the PHD in searching "all" such records for the department 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 narrowing your request so that the PHD can perform searches for identifiable public records and with respect to certain employees.
Please note that PHD will not produce records containing trade secrets with respect to Tesla Motors. (E.g., Evid. Code § 1060, Gov. Gov. Code § 6254(k).) To the extent that you seek corporate proprietary information, you must contact Tesla Motors directly to make such a request.
PHD also 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 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; see generally, Gov. Code §§ 6254, et seq.).
PHD will provide a further response by June 5, 2020.
Respectfully,
Kabir Hypolite, Esq.
Special Projects Manager
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1000 Broadway, 5th Fl.
Oakland, CA 94607
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From: Department of Public Health
Dear Nik Hatziefstathiou,
Subject to the conditions stated in my earlier response to your California Public Records Act (PRA) request, please see the records that I have attached to this email. Please note that records containing trade secrets with respect to Tesla Motors will not be produced. (E.g., Evid. Code § 1060, Gov. Gov. Code § 6254(k).) To the extent that you seek corporate proprietary information, you must contact Tesla Motors directly to make such a request. Records or portions thereof that are exempt from disclosure, including 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; and similar records where the public interest in disclosure is clearly outweighed by the public interest in nondisclosure, will not be produced. (See also Gov. Code § 6254(a), (k), §6255; see generally, e.g., Gov. Code § 6254(c) ("Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy"); § 6254, et seq.; Civ. Code §§ 56, et seq.; HIPAA; 17 CCR §§ 2500, et seq., 2600, et seq., 2800, et seq.)
Respectfully,
Kabir Hypolite, Esq.
Special Projects Manager
1000 Broadway, 5th Fl.
Oakland, CA 94607
(510) 208-5941 ofc.
(510) 363-6173 cell
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