Arizona Rep. Mark Finchem issued the following announcement on March 30.
The Arizona Attorney General issued an opinion Friday in
response to a question raised by Representative Mark Finchem (R-11), Chairman of the House Federal Relations Committee, concerning the ability and responsibility of government entities to release information about COVID-19 patients to the public and health officials.
Representative Finchem wrote to Arizona Attorney General Mark Brnovich, asking if the government, including but not limited to public universities, is prohibited from releasing information to the public concerning individuals who have tested positive for COVID-19. Such information could include where those individuals live, who could potentially be at risk, and
whether state organizations have a responsibility to notify county and/or state public health officials.
“The question arose when various agencies appeared to be taking different positions on what information could and could not be released, and to whom,” said Representative Finchem. “I sought an official legal opinion from the Attorney General in order provide clarity on the matter for all state agencies.”
Attorney General Brnovich concluded the following: “Consistent with the confidentiality requirements of the ADA and other employment laws, state government employers may share non-identifying information regarding employees who test positive for COVID-19 with other potentially affected persons to mitigate against the further spread of the virus. In addition, public universities may disclose information that is necessary to protect the health or safety of students or other individuals but may not disclose specific information that would identify individuals who have tested positive for COVID-19. Nothing, however, prohibits the universities from disclosing additional information, such as the campus, buildings or dorms frequented by the student during the incubation period and/or while exhibiting symptoms. Protecting the public is paramount during times of crisis, and transparency should be the rule rather than the exception.”
“I appreciate Attorney General Brnovich for quickly providing clarity on the question,
enabling government entities to apply, and abide by, clear and consistent guidelines in this
matter,” said Representative Finchem.
The entire Attorney General Opinion can be read here: https://www.azag.gov/opinions/i20-005-r20-005
Original source can be found here.
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