Kansas, dig contact tracing

Caroline Haskins filed this request with the Department of Health & Environment of Kansas.
Tracking #

20-0663

Status
Completed

Communications

From: Caroline Haskins


To Whom It May Concern:

Pursuant to the The Kansas Open Records Act, I hereby request the following records:

BACKGROUND:
Different cities, counties, and states around the country are starting to research digital contracting. Broadly, digital contact tracing is any effort to use technology or a mobile app in order to track where a person diagnosed with COVID-19 (or, symptomatic of COVID-19) goes, and who they may have come into contact with.

Usually, a mobile app will use bluetooth technology or geolocation data in order to see where a person has been. Different public health authorities around the country are researching ways to safely and digitally share their COVID-19 test results with contact tracing apps. Other apps are relying on self-reported symptoms.

Sometimes, the term “exposure notification” is used instead of “contact tracing,” and that term refers to the notification people may get if they’ve come into contact with a person diagnosed with or symptomatic of COVID-19. Other times, the term "deconfinement app" is also used instead of “contact tracing,”and that term refers to the desired end goal: flattening the curve, ending confinement/quarantine.

RECORDS REQUESTED:
Therefore, I hereby request the following records — and please limit the time frame of all requested documents from March 1, 2020 to the time that this request is processed:

* Any digital communications including but not limited to emails and text messages) as well as documents, (including but not limited to PDF, word processing, excel, and slide documents) that mention one or any of the following terms: “digital contact tracing,” “contact tracing app,” “exposure notification,” “deconfinement app,” “technology-assisted contact tracing."

* Any digital communications including but not limited to emails and text messages) with representatives from Apple and Google, whose emails will have the domains @apple.com or @google.com, respectively.

* All instructional materials, presentations and presentation materials (including recorded video and audio, PowerPoint files, prepared remarks, and slides formats), and other guidance from A) Apple and/or Google, or B) any company pitching the development of digital contact tracing tools or a contact tracing app. This includes (a) any pitch or slide deks, (b) any notes taken during meetings, and (c) any other document that has been used to help explain the meeting/briefing to any party, including internal documentation, public relations materials, and executive summaries.

* Any contracts, purchase, orders, invoices, and receipts for services related to digital contact tracing, contact tracing apps, exposure notifications, or deconfinement apps.

* A copy of any privacy impact assessments, use policies, standard operating procedures, data retention policies, legal opinions, warranties, non-disclosure agreements, contracts, liability waivers, insurance agreements, Requests for Proposals, Responses to Requests for Proposal, Memorandums of Understanding, Letters of Interest, usage policies, or informal agreements related to digital contact tracing, contact tracing apps, exposure notifications, or deconfinement apps.

The requested documents will be made available to the general public in the process of reporting for BuzzFeed News, and this request is not being made for commercial purposes. Therefore, I hereby request that all fees are waived in the processing of this request.

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 3 business days, as the statute requires.

Sincerely,

Caroline Haskins

From: Department of Health & Environment

This communication is an initial response to your request
under the Kansas Open Records Act (KORA). The Kansas Department of Health and Environment (KDHE) KORA
Officer has received your KORA request.  Your request identifier is provided in
the subject line of this communication. Please refer to that identifier in
any future correspondence pertaining to your request. If KORA applies to your request, your request will be
forwarded for processing.  KDHE may not be able to immediately grant access to
or disclose requested records due to the number of records requests KDHE
receives and because KDHE must review every received request.  If permitted by
Kansas law, KDHE will generally grant access to or disclose the existing public
record(s) to which your request applies within ten business days after the date
of this communication. However, federal and/or state law may limit or prohibit
access to or disclosure of records or otherwise exempt records from public
access or disclosure. Due to COVID-19 and as ordered by the Governor of Kansas, KDHE will be operating with essential staff only beginning March 23, 2020. Access to records will be limited.  We apologize for any delay or inconvenience. KDHE may charge and require advance payment of a fee for
providing access to or disclosing records in order to recoup request
fulfillment costs including, but not limited to, the cost(s) of staff time and
computer services required to fulfill your request.  Pursuant to Executive
Order 18-05, KDHE will not assess any charge or fee for the copying of
documents up to and including one hundred pages when a request is made by a
Kansas resident.  You will receive notice if advance payment is required
or if the cost(s) of fulfilling your request exceed(s) the initially estimated
or requested fee. KDHE kindly requests that you use our online portal for KORA requests. It is located here: https://khap2.kdhe.state.ks.us/KORARequestForm/KORARequestForm.aspx (https://khap2.kdhe.state.ks.us/KORARequestForm/KORARequestForm.aspx) Please contact KDHE using the below information if you have
questions. Sincerely,
Katelyn Radloff KORA Officer & Attorney Office of Legal Services Kansas Department of Health and Environment 1000 SW Jackson Street, Suite 560 Topeka, Kansas 66612-1371 Phone:  785-296-5334 Email: kdhe.koraofficer@ks.gov (mailto:kdhe.koraofficer@ks.gov)
This communication, including any material accompanying this communication, is confidential and intended for the soul use of he identified recipients(s).  It may be protected by the attorney-client privilege, the attorney work product doctrine, and/or other law(s) affecting or applying to this communication.  You may not use this communication, or any material accompanying this communication, in any way if you are not an identified recipient or otherwise received this communication in error.  Please immediately contact the sender of this communication by e-mail or telephone for further instructions regarding the disposition of this communication if you are not an identified recipient or otherwise received this communication in error.

From: Department of Health & Environment

This communication is an initial response to your request
under the Kansas Open Records Act (KORA). The Kansas Department of Health and Environment (KDHE) KORA
Officer has received your KORA request.  Your request identifier is provided in
the subject line of this communication. Please refer to that identifier in
any future correspondence pertaining to your request. If KORA applies to your request, your request will be
forwarded for processing.  KDHE may not be able to immediately grant access to
or disclose requested records due to the number of records requests KDHE
receives and because KDHE must review every received request.  If permitted by
Kansas law, KDHE will generally grant access to or disclose the existing public
record(s) to which your request applies within ten business days after the date
of this communication. However, federal and/or state law may limit or prohibit
access to or disclosure of records or otherwise exempt records from public
access or disclosure. Due to COVID-19 and as ordered by the Governor of Kansas, KDHE will be operating with essential staff only beginning March 23, 2020. Access to records will be limited.  We apologize for any delay or inconvenience. KDHE may charge and require advance payment of a fee for
providing access to or disclosing records in order to recoup request
fulfillment costs including, but not limited to, the cost(s) of staff time and
computer services required to fulfill your request.  Pursuant to Executive
Order 18-05, KDHE will not assess any charge or fee for the copying of
documents up to and including one hundred pages when a request is made by a
Kansas resident.  You will receive notice if advance payment is required
or if the cost(s) of fulfilling your request exceed(s) the initially estimated
or requested fee. KDHE kindly requests that you use our online portal for KORA requests. It is located here: https://khap2.kdhe.state.ks.us/KORARequestForm/KORARequestForm.aspx (https://khap2.kdhe.state.ks.us/KORARequestForm/KORARequestForm.aspx) Please contact KDHE using the below information if you have
questions. Sincerely,
Katelyn Radloff KORA Officer & Attorney Office of Legal Services Kansas Department of Health and Environment 1000 SW Jackson Street, Suite 560 Topeka, Kansas 66612-1371 Phone:  785-296-5334 Email: kdhe.koraofficer@ks.gov (mailto:kdhe.koraofficer@ks.gov)
This communication, including any material accompanying this communication, is confidential and intended for the soul use of he identified recipients(s).  It may be protected by the attorney-client privilege, the attorney work product doctrine, and/or other law(s) affecting or applying to this communication.  You may not use this communication, or any material accompanying this communication, in any way if you are not an identified recipient or otherwise received this communication in error.  Please immediately contact the sender of this communication by e-mail or telephone for further instructions regarding the disposition of this communication if you are not an identified recipient or otherwise received this communication in error.

From: Department of Health & Environment

Good afternoon:

Your KORA request was received on May 6, 2020. KDHE is in the process of searching for records that are responsive to your request. As our initial email states, we strive to have all records to you within ten business days of the receipt of your request, however, we are backlogged due to the number of requests we have received in the past two months that have required in-depth legal review. We hope to have your records to you by the week of June 15.

Sincerely,

Katelyn Radloff
KORA Officer & Attorney
Kansas Department of Health and Environment, Office of Legal Services
1000 SW Jackson Street, Suite 560
Topeka, Kansas 66612-1371
Phone: 785-296-5334
Fax: 785-559-4272

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This communication, including any material accompanying this communication, is confidential and intended for the sole use of the identified recipient(s). It may be protected by the attorney-client privilege, the attorney work product doctrine, and/or other law(s) affecting or applying to this communication. You may not use this communication, or any material accompanying this communication, in any way if you are not an identified recipient or otherwise received this communication in error. Please immediately contact the sender of this communication by e-mail or telephone for further instructions regarding the disposition of this communication if you are not an identified recipient or otherwise received this communication in error.

From: Department of Health & Environment

Good afternoon:

Your KORA request was received on May 6, 2020. An email search was conducted to determine if KDHE has any recorsd that are responsive. We are currently in the process of reading and reviewing the emails to determine if they can be released. We hope to have your records to you within the next two weeks.

Sincerely,

Katelyn Radloff
KORA Officer & Attorney
Kansas Department of Health and Environment, Office of Legal Services
1000 SW Jackson Street, Suite 560
Topeka, Kansas 66612-1371
Phone: 785-296-5334
Fax: 785-559-4272

[cid:image001.jpg@01D19586.96DDF560]

This communication, including any material accompanying this communication, is confidential and intended for the sole use of the identified recipient(s). It may be protected by the attorney-client privilege, the attorney work product doctrine, and/or other law(s) affecting or applying to this communication. You may not use this communication, or any material accompanying this communication, in any way if you are not an identified recipient or otherwise received this communication in error. Please immediately contact the sender of this communication by e-mail or telephone for further instructions regarding the disposition of this communication if you are not an identified recipient or otherwise received this communication in error.

From: Department of Health & Environment

Good afternoon:

Our response to your request has been mailed to your attention at the following address:

MuckRock News
DEPT MR 92947
411A Highland Ave
Somerville, MA 02144-2516

Please let me know if you have any further questions when you receive our response.

Thank you,

Katelyn Radloff
KORA Officer & Attorney
Office of Legal Services
Kansas Department of Health and Environment
1000 SW Jackson Street, Suite 560
Topeka, Kansas 66612-1371
Phone: 785-296-5334
Fax: 785-559-4272

[cid:image001.jpg@01D19586.96DDF560]

This communication, including any material accompanying this communication, is confidential and intended for the sole use of the identified recipient(s). It may be protected by the attorney-client privilege, the attorney work product doctrine, and/or other law(s) affecting or applying to this communication. You may not use this communication, or any material accompanying this communication, in any way if you are not an identified recipient or otherwise received this communication in error. Please immediately contact the sender of this communication by e-mail or telephone for further instructions regarding the disposition of this communication if you are not an identified recipient or otherwise received this communication in error.

From: Department of Health & Environment

A copy of documents responsive to the request.

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