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Can I collect third-party data from participants in Delaware? What are the requirements?
Requirements for Collecting Third-Party Data in Delaware
If you plan to collect third-party data from participants in Delaware, you must comply with the relevant regulations depending on the type of data and the purpose of the collection.
Geospatial Data
If you plan to use and share geospatial data and information in Delaware, you must comply with the regulations established by the Delaware Geographic Data Committee [1.1](#[1.2])[1.3](#[1.3]). All geospatial data and information created by or for any state, county or local agency, or by or for any other organizations receiving state funds in whole or in part for the development of such data, shall be considered to be in the public domain, except as provided for in all applicable federal, state and local laws and statutes including the information security and data classification standards promulgated by the Delaware Department of Technology and Information [1.2](#[1.2]). Metadata for all geospatial data and information shall be published on the Delaware Geospatial Information Clearinghouse, maintained by the University of Delaware, or on any clearinghouse system that may be approved the by the Executive Council of the Delaware Geographic Data Committee to replace that Clearinghouse in the future [1.2](#[1.2]).
Health Care Claims Data
If you plan to access the Delaware Health Care Claims Database for the purpose of facilitating the design and evaluation of alternative delivery and payment models, including population health research and provider risk-sharing arrangements, you must comply with the regulations established by the Delaware Health Information Network (DHIN) [3.1](#[3.2]). Claims data provided to a requesting person must be provided under DHIN’s existing confidentiality and data security protocols and in compliance with applicable state and federal laws relating to the privacy and security of protected health information [3.1](#[3.1]).
Other Providers’ Data
If you plan to collect data from providers other than hospitals and nursing homes, such as physicians, freestanding surgical centers, freestanding birthing centers, and freestanding emergency centers licensed in the State, you must complete an analysis of the merits and feasibility of collecting such data [2.3](#[2.3]). The results of the analysis, along with proposed enabling legislation, as appropriate, must be submitted to the Governor and the General Assembly [2.3](#[2.3]).
Conclusion
If you plan to collect third-party data from participants in Delaware, you should review the relevant regulations and ensure that you comply with all applicable requirements.
Source(s):
- [1.1] Delaware Geographic Data Committee.
- [1.2] Publication of geospatial data and information in Delaware.
- [2.3] Data from other providers.
- [3.1] External and public reporting of claims data.
- [3.2] Submission of required claims data by mandatory reporting entities; submission of claims data by voluntary reporting entities.
- [1.3] Findings.
Jurisdiction
Delaware