ACLU eyes public release of patient information

Eagle-Tribune (North Andover, MA)

Apr. 5--A little-publicized directive issued last month by the state Department of Public Health requires local health boards to reveal the addresses of coronavirus patients to local police and fire departments.

On March 18, DPH Commissioner Monica Bharel signed the order requiring disclosure of the addresses, "but no other identifying information of those diagnosed with COVID-19 to the official in charge of emergency calls in the jurisdiction. That information can only be used for responding to emergency calls and is to be kept confidential."

While public safety officials applaud the DPH order, privacy advocates say it needs to be watched closely to insure patient confidentiality now and in the future.

In Andover, Police Chief Patrick Keefe, who is also the emergency management director, said he gets a report every day from the health department listing the addresses of known coronavirus patients.

He puts that information into a database which is then accessed by the town dispatch center. Whenever a call comes in from one of the addresses tied to a coronavirus case, a box pops up indicating that status to the dispatcher.

The dispatcher then informs the EMTs in the town ambulance that they are responding to a known COVID-19 case.

Andover Fire Chief Michael Mansfield said police and fire officials from around the state pushed for the order from DPH in an effort to protect first responders.

"We had to get the emergency order passed that mandated local boards of health to provide addresses of those who were COVID positive and provide those to the emergency management director," Mansfield said.

Existing law actually prohibits the sharing of such information, according to Andover Health Director Tom Carbone.

"There is a provision in the CMR (Code of Massachusetts Regulations) that kept us from sharing any information," he said. "The compromise in making this happen was putting the address out without any other identifying information."

But, he said, "You want to keep your first responders safe."

Methuen Police Chief Joe Solomon said the system "works really well."

He noted that DPH gives the information to Public Health Nurse Amy Ewing, who then passes it along to the police and fire chiefs, who disseminate the information to their respective dispatch centers.

"It's great, a red flag pops right up on the call," he said. "The only problem is that so many are coming in, 20 minutes later, another comes in."

Some, including the ACLU, have raised privacy concerns over the measure.

"Protecting the health of first responders is certainly an important priority that the state should be addressing," said Carol Rose, executive director of the ACLU of Massachusetts. "However, public health experts have noted that disclosing addresses does not ensure a first responder would be safe from exposure from asymptomatic people.

"Government officials must protect all Massachusetts residents by ensuring a response that is scientifically justified and no more intrusive upon civil liberties than absolutely necessary."

Deborah Peele, who runs a nonprofit organization called Patient Privacy Rights, agreed.

"The first responders want to know if they are responding to corona, but the person who has it could be standing right next to them," she said, referring to a fellow EMT, firefighter or police officer. That's just what happened in Andover this week.

She added that as soon as the crisis is over, the information about the addresses of coronavirus victims should deleted.

The order, as written, requires exactly that.

"Information disclosed pursuant to this order may not be retained by (the city or town) beyond the termination of the state of emergency," it says.

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