Data restrictions

All counties should have access to outbreak details

At a time when county officials are trying to keep nervous residents as informed as possible about the spread of the COVID-19 coronavirus, it seems ludicrous that a 65-year-old state law allows 10 local health departments access to highly detailed infectious disease information, while officials in the remaining counties are given only the basics.

The governor and the Legislature need to address this inequity immediately so that all counties are given the same specific information regarding COVID-19 cases in their communities.

The state Health Department says the Disease Prevention and Control Act of 1955 prevents it from releasing infectious disease data to any entity other than local health departments. That means the 10 local health departments in the state — Allegheny, Bucks, Chester, Erie, Montgomery and Philadelphia counties; and Allentown, Bethlehem, WilkesBarre and York — can access and share as they see fit data from the state version of the National Electronic Disease Surveillance System.

Officials in the rest of the state receive only what the state Health Department releases, and that is much more limited.

Emergency services officials in the neighboring counties of Beaver, Butler, Washington and Westmoreland are angry and frustrated that they often hear about cases from the news media rather than the state Health Department. They say that leaves their county officials, emergency services personnel and first responders in the dark as to where there may be new COVID-19 outbreaks.

It’s an unacceptable situation in the midst of a worldwide pandemic that the information residents receive varies depending on where they live.

The state Health Department’s daily updates include statewide positive and negative tests and deaths, the percentage of cases and hospitalizations in seven different age brackets, and the number of cases and deaths in each of the state’s 67 counties.

In contrast, Allegheny County’s daily updates include the number of positive cases in every municipality, as well as gender breakdown. The county also is able to flag addresses for a 30-day rolling period if an occupant has tested positive for COVID-19, something that can be passed along to first responders who may be called to the location.

Philadelphia lists outbreak breakdowns by ZIP code; Chester County offers charts and graphs on its website with details on every community.

County officials statewide deserve to have access to the same information as those 10 local health departments. Unfortunately, the Office of Open Records has upheld the state law on previous requests for information on things such as lead testing, Legionnaires’ disease and E.coli. The courts have likewise upheld the confidentiality clause, citing a 1991 state Supreme Court decision.

A law that allows information access to some counties and cities while denying the same information to others is deeply flawed. Given the serious nature of the COVID-19 pandemic and the inevitable loss of life in the weeks ahead, emergency officials in every county should have access to Health Department data regarding their communities and make that available to residents.

The law should be reviewed and amended immediately, or emergency provisions added to allow an equitable release of information statewide.