Tesla defied Alameda County and opened early. Yet the county won't release data on COVID-19 cases at its Fremont plant.
According to Tesla, more than 10,000 people work at its electric-car assembly plant in Fremont, Calif. How many have been infected with COVID-19?
Some go so far as to say the agencies, by withholding detailed information about where COVID-19 is clustering, risk losing the support of the people they are trying to protect.“When you’re not giving people that kind of information, people get justifiably cynical,” said Santa Clara County Supervisor Dave Cortese, who has grappled with his own public health department over data transparency.
The public doesn’t know whether Tesla contributed to Alameda’s mushrooming caseload, and if so, by how much. The Alameda County Public Health Department has the numbers but is keeping them confidential.An Alameda County spokeswoman said federal health privacy law prevents disclosure of the Tesla data.
Sallie Milam, deputy director of the Network for Public Health Law, said employer data “also might provide management incentive to comply with public health orders and provide measures to protect their workforce.”Tesla workers have complained about receiving only scant information about coronavirus infections at the Fremont plant, the San Francisco Chronicle.
But the law is complicated. “It’s a labyrinth of regulations,” Milam said. Many health agencies are taking too strict an interpretation of the law, said Al-Amyn Sumar, an attorney at the Ballard Spahr law firm in Washington. HIPAA gives some leeway to public health agencies, especially if there are state laws that supersede HIPAA.
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