Wash. Admin. Code § 246-492-400 - Vital statistics data sharing agreements
(1) All written data sharing agreements with
the department for the release of vital records data must comply with the
requirements of chapter 70.58A RCW and this section.
(2) A data sharing agreement with the
department is required for the following:
(a)
Government agencies requesting birth and fetal death record data that contains
direct identifiers for nonresearch public health purposes;
(b) Individuals or entities requesting birth
and fetal death record data that contains only indirect identifiers;
(c) Individuals or entities requesting infant
death data that contains indirect identifiers;
(d) Individuals or entities requesting death,
marriage, or divorce record data; and
(e) Government agencies requesting vital
records in the conduct of official duties as permitted by chapter 70.58A
RCW.
(3) The department
may use standard form data sharing agreements for all data requests, consistent
with the provisions of this section and chapter 70.58A RCW. If the department
elects to use a standard form data sharing agreement for data requests, the
requestor shall sign the standard form data sharing agreement prepared by the
department pursuant to this subsection. The department will not negotiate the
terms of standard form data sharing agreements with a requestor, except for
circumstances in subsection (4) of this section.
(4) For data sharing agreements with
government agencies, the department may deviate from the standard form data
sharing agreement if the government agency is legally prohibited from signing
provisions of the standard form data sharing agreement due to constitutional or
other statutory provisions. The ultimate decision to modify the standard form
data sharing agreement to accommodate a government agency's data request lies
solely with the department. The government agency wishing to modify a term of
the standard form data sharing agreement under this subsection must submit all
of the following to the department in writing:
(a) All of the specific terms of the standard
form data sharing agreement that the government agency is legally prohibited
from complying with;
(b) An
explanation of why the government agency is legally prohibited from complying
with the term or terms; and
(c)
Citation to the law or rule that prohibits it from complying with the term or
terms of the standard form data sharing agreement.
(5) An individual or entity requesting vital
records data under this section must comply with all the terms and conditions
of the data sharing agreement. If the individual or entity violates the data
sharing agreement, then the individual or entity may be guilty of a misdemeanor
under RCW 70.58A.-590(1), will result in the immediate termination of the data
sharing agreement, and result in denial of vital records data in the
future.
Notes
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