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Can I collect third-party data from participants in Georgia? What are the requirements?

Requirements for Collecting Third-Party Data in Georgia

Based on the provided documents, the requirements for collecting third-party data in Georgia depend on the purpose of the data collection and the type of data being collected.

Publicly Supported Program, Fiscal, or Health Data

If the data is publicly supported program, fiscal, or health data, then any state agency or department that creates, receives, or maintains such data shall transmit or allow access to such data as is necessary and appropriate to further the purposes of the Georgia Data Analytic Center (GDAC) Project, only after execution of an enforceable data use, data sharing, or other similar agreement that is acceptable to the state agency or department [2.2]. However, any state agency or department shall not be required to transmit data which it creates, receives, or maintains to the GDAC Project or to allow access to such data if the Attorney General’s review or the applicable state agency’s or department’s review determines that such transmission or access would violate state or federal law [2.2].

Non-Publicly Supported Program, Fiscal, or Health Data

If the data is not publicly supported program, fiscal, or health data, then the requirements for collecting third-party data are not explicitly stated in the provided documents. However, Code Section 31-53-23 allows third-party vendors to be contacted for expertise at the director’s discretion to assist the Georgia Data Access Forum in formulating its recommendations pursuant to Code Section 31-53-22 [1.1]. Additionally, Code Section 31-7-282 authorizes the Department of Public Health to request, collect, or receive certain health data from health care providers, third-party payors, and other appropriate sources as determined by the department [4.1].

Confidentiality of Research Data

Confidential raw research data in a researcher’s possession shall not be subject to subpoena, otherwise discoverable, or deemed admissible as evidence in any judicial or administrative proceeding in any court except as otherwise provided in subsection (d) of Code Section 24-12-2 [3.1].

Prohibition on Reporting and Collection of Certain Data

Unless required by state or federal law or in cases of health or safety emergencies, local boards of education shall not report to the department the following student data or student information: (1) Juvenile delinquency records; (2) Criminal records; or (3) Medical and health records. Schools shall not collect the following data on students or their families: (1) Political affiliation; (2) Voting history; (3) Income, except as required by law or where a local board of education determines income information is required to apply for, administer, research, or evaluate programs to assist students from low-income families; or (4) Religious affiliation or beliefs [6.1].

Georgia Data Access Forum

The Georgia Data Access Forum is composed of health care stakeholders and experts, including representatives from: (1) The Georgia Health Information Network; (2) Hospital associations; (3) Physician associations; (4) Pharmacy associations; (5) Dental associations; (6) The Department of Community Health; (7) The Department of Public Health; (8) The Department of Behavioral Health and Developmental Disabilities; (9) The Insurance Commissioner’s Office; (10) Insurance carriers; and (11) Self-insured employers [1.2].

Statewide Health Care Data System

The Department of Public Health is required to establish and operate a statewide health care data system to collect, compile, analyze, and disseminate data collected pursuant to Code Section 31-7-281 from health care providers and other specified entities [4.2].

Therefore, the requirements for collecting third-party data in Georgia depend on the purpose and type of data being collected. If the data is publicly supported program, fiscal, or health data, then an enforceable data use, data sharing, or other similar agreement that is acceptable to the state agency or department is required. If the data is not publicly supported program, fiscal, or health data, then the requirements for collecting third-party data are not explicitly stated in the provided documents.

Source(s):
Jurisdiction

Georgia, Georgia