Tennessee Black Caucus Opposes releasing Covid-19 test names to law enforcement

NASHVILLE, Tenn. (AP) — The coronavirus has sparked concerns about how private medical information is being used.

An Associated Press review shows that health officials in at least 35 U.S. states are sharing the addresses of those who test positive for coronavirus to first responders who request it.

Ten of those states also share names. Law enforcement officials say first responders use the information to take extra precautions that help them avoid contracting and spreading the disease.

But civil liberty and community activists have expressed concerns of potential profiling in African American and Hispanic communities that already have an uneasy relationship with law enforcement.

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CHATTANOOGA (WDEF) – Black lawmakers in Tennessee are voicing their opposition to Governor Lee’s decision to release test results to first responder organizations that ask for it. (The Hamilton County Sheriff’s Office & Chattanooga Police are NOT using the information).

The Tennessee Black Caucus includes Rep. Yusuf Hakeem from Chattanooga.

Their letter:

The Tennessee Black Caucus of State Legislators (TBCSL) strongly
encourages all Tennesseans to get tested for the COVID-19 virus as soon
as possible and as often as possible. However, the TBCSL remains
adamantly opposed to the TN Department of Health’s practice of
unnecessarily violating the individual privacy rights of our citizens, by
sharing personal health information with law enforcement agencies,
which would be otherwise protected by HIPPA.

Among those patriots who harbor mistrust of law enforcements’
unconstitutional access to private health information are the currently
underserved populations, who are most at risk for negative health
outcomes. Many Tennesseans remain reluctant to test for the COVID-19
virus, fearing that the state and county health departments will share the
name and addresses of those citizens who test positive for the COVID-19
virus with outside agencies.

These groups are necessary to complete the random sampling data set;
and through random sampling, the integrity of the statistical data gathered
by the state and county health departments remains questionable at best.
We urge Governor Bill Lee to act quickly to rescind the constitutionally
suspect MOU’s; thereby encouraging full participation in COVID-19
testing by all Tennesseans. Without adequate and statistically sound data,
safely reopening our businesses and the economy, restructuring our
schools and educational system, restoring our justice system, etc. remain
elusive goals at best.

Until Governor Lee rescinds his order which allows the TN Department
of Health to enter into MOU’s with law enforcement agencies with whom
the department shares the names and addresses of citizens who test
positive for COVID-19, we suggest that those citizens who wish to
protect their privacy should only provide their city, state and zip code. We
do not advise citizens to provide their street address information to the
testing agencies at this time. We do advise citizens to continue to provide
their phone numbers and email addresses.

Providing basic address information should allow the demographic
collections and analyses that allow the proper reallocation of resources to
address the reduction and elimination of health disparities, especially in
communities of color and economically distressed populations.

This is a temporary fix, in lieu of either a voluntary revocation of the
MOU’s by Governor Lee, or the initiation of legal action to enforce our
federal and state constitutional guarantees of the individual privacy rights
enjoyed by all Tennesseans.

Private health information should only be shared on a need to know basis.
The only agencies that may need to know the complete list of addresses of
those who test positive, are the local 911 emergency communications
agencies. The only information the local 911 emergency communications
agencies may need are addresses, no names.

T.C.A. 58-2-107 grants the Governor the authority to suspend statutory
laws and rules. The Governor is not empowered by the constitution nor by
statute to suspend the constitution.

We can’t properly manage the COVID-19 crisis until we adequately
measure the COVID-19 virus.

The TBCSL urges every citizen to protect your health and manage your
health outcomes by immediate and frequent testing.

The TBCSL urges every citizen to protect your constitutional rights and
manage your private health information by providing only the minimal
address information i.e. city, state and zip code.

The TBCSL urges every citizen to get tested as soon as possible.
The TBCSL urges every citizen to get tested as often as possible.