68-1-1006 - Confidentiality of data. - Tennessee Statutes

68-1-1006. Confidentiality of data.

(a)  (1)  All data obtained from the reports required by this part are for the confidential use of the department and persons that the commissioner determines are necessary to carry out the intent of this part.

     (2)  Information that could possibly identify individuals whose medical records have been used for collecting data may not be included in materials available to the public.

(b)  In order to carry out the legislative intent set out in § 68-1-1003, that the data obtained from the reports required by this part are also to be made available for valid research projects, the commissioner, with the advice of the advisory committee established by this chapter, is authorized to make available to members of the research community, pursuant to § 68-1-1003, specific and personally identifiable portions of the data collected; provided, that the following guidelines are observed:

     (1)  The researcher sets out clearly the uses for which the data are desired;

     (2)  The researcher clearly states the reasons for which confidential and personally identifiable portions of the data are necessary;

     (3)  The researcher assures that the data received from the department will be maintained by the researcher with the same level of confidentiality as that maintained by the department; and

     (4)  Upon completion of the research project, all data provided by the department and all copies of the data shall be destroyed.

(c)  Guidelines for such research applications shall be set out by departmental regulations. For the purposes of this part, those approved to obtain data for research shall not be considered agents of the commissioner.

[Acts 1983, ch. 124, § 7; 1985, ch. 85, § 4.]