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RULE §181.11Requests for Personal Data

(a) The purpose of this section is to describe the criteria that the Committee on Requests for Personal Data will use in reviewing and recommending disposition when an application for personal data is received.

(b) The Commissioner and/or his designee shall appoint a Committee on Requests for Personal Data (Committee) that serves in an advisory capacity. The committee reviews and makes recommendations regarding requests for personal data to be used for research purposes or for the official use of governmental agencies.

(c) Procedures.

  (1) If the department receives a request for personal data, the release of which has been determined to be legally discretionary, and there is a question as to whether the data should be released, the request shall be referred to the committee for its review and recommendation. The committee will review the request and make a recommendation regarding release to the commissioner or his designee.

  (2) The committee will require each applicant for personal data to complete the application form as prescribed by the committee.

  (3) If the personal data is released, a copy of the final project report, any publication, or presentation must be furnished to the committee. The department will be given credit as the source of the data.

  (4) It is department policy to disapprove applications involving contact with any person, institution, or agency identified on the record unless the committee determines that there are substantial overriding reasons for the contact.

  (5) It is department policy to disapprove applications involving research that does not serve a valid scientific or public health purpose.

  (6) The Vital Statistics Unit shall charge the statutory fee for each vital record research copy as provided in the Health and Safety Code, §191.0045.

  (7) Personal data application requests need to be submitted to the department's Institutional Review Committee if any of the following apply to the requested research:

    (A) sponsored by the department;

    (B) conducted by or under the direction of department employees or agents;

    (C) conducted by or under the direction of department employees or agents using department property of facilities, or;

    (D) involves the use of department nonpublic information to identify or contact human research subjects or prospective subjects.

Source Note: The provisions of this §181.11 adopted to be effective May 10, 1988, 13 TexReg 2032; amended to be effective July 3, 2003, 28 TexReg 4904; amended to be effective August 11, 2013, 38 TexReg 4896

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