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New Hampshire, dig contact tracing

Caroline Haskins filed this request with the Department of Health and Human Services of New Hampshire.
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Completed

Communications

From: Caroline Haskins


To Whom It May Concern:

Pursuant to the New Hampshire Right to Know Law, 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 5 business days, as the statute requires.

Sincerely,

Caroline Haskins

From: Department of Health and Human Services

Good morning Ms. Haskins. Please see the attached letter relative to your RSA 91-A Right to Know request.

John B. Martin, Deputy Chief Legal Counsel
Department of Health and Human Services
Office of Legal and Regulatory Services
Bureau of General Counsel
129 Pleasant Street
Concord, NH 03301

603/271-9256
603/271-5590 (Fax)

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ATTORNEY CLIENT PRIVILEGE/CONFIDENTIALITY NOTICE: This electronic message and any attachments to this message may contain confidential or privileged legal information, which is intended for the exclusive use of the intended recipient(s); unauthorized use or further dissemination may be prohibited or restricted by law. If you received this message in error or believe that you are not authorized to have access to the information contained herein, please secure the information and notify the sender immediately.
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From: Department of Health and Human Services

An interim response, stating the request is being processed.

From: Department of Health and Human Services

An interim response, stating the request is being processed.

From: Department of Health and Human Services

Good afternoon Caroline. Please see my amended letter relative to your Right to Know request.

John B. Martin, Deputy Chief Legal Counsel
Department of Health and Human Services
Office of Legal and Regulatory Services
Bureau of General Counsel
129 Pleasant Street
Concord, NH 03301

603/271-9256
603/271-5590 (Fax)

=============================================
ATTORNEY CLIENT PRIVILEGE/CONFIDENTIALITY NOTICE: This electronic message and any attachments to this message may contain confidential or privileged legal information, which is intended for the exclusive use of the intended recipient(s); unauthorized use or further dissemination may be prohibited or restricted by law. If you received this message in error or believe that you are not authorized to have access to the information contained herein, please secure the information and notify the sender immediately.
=============================================

From: Department of Health and Human Services

Hi Caroline. NH DHHS has received a great many similar Right to Know requests relative to COVID-19. What we have done is identified the likely custodians of the specific records being sought. We have provided this information to the Department of Information Technology along with the specific search terms for each Right to Know request. They are going to do a search for each custodian using the search terms provided. That information was recently provided to DoIT. They anticipate it will take 30-45 days to complete the search.

From: Department of Health and Human Services

Good afternoon Caroline. For the past several weeks my Department has been working with the Department of Information Technology to access responsive records to a very large number of Right to Know requests relative to COVID-19, including yours. We are just starting to receive records from DoIT, which my Legal Assistant is converting into PDFs. I will check with her to see if we have received any records relative to your request.

From: Department of Health and Human Services

An update on the status of your Right to Know request.

From: Department of Health and Human Services

Good afternoon,

Attached please find a .zip file containing documents responsive to your May 6, 2020 Right to Know request regarding contact tracing. If you have any questions or concerns, please contact Deputy Chief Counsel John Martin at John.Martin@dhhs.nh.gov<mailto:John.Martin@dhhs.nh.gov> or at 603-271-9256.

Thank you!
--
Caitlin Sittig
Legal Assistant
Bureau of General Counsel
Office of Legal and Regulatory Services
NH Dept. of Health and Human Services
P: 603-271-9226
F: 603-271-5590

STATEMENT OF CONFIDENTIALITY: This email message, including any attachments, is intended for the exclusive use of the individual(s) to whom it is addressed and may contain information that is privileged, confidential, and prohibited from unauthorized disclosure under applicable law. If you are not the intended recipient of this message, any dissemination, distribution, or copying of this message is strictly prohibited. If you received this message in error, please notify the sender by reply email and destroy all copies of the original message.

ATTENTION: Please visit the DHHS COVID-19<https://www.nh.gov/covid19/> website for the latest COVID-19 information, resources, and guidance released for residents, healthcare providers, schools, and businesses.

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