DIRT Confidentiality

COMMON GROUND ALLIANCE (CGA) CONFIDENTIALITY

POLICY FOR THE DAMAGE INFORMATION REPORTING TOOL

The following restates existing CGA policy and is based on legal advice:1

The Damage Information Reporting Tool (“DIRT”) is a CGA electronic communications tool by which any person or entity, regardless of whether they are members of CGA (“participants”), may report damage to underground utilities to CGA. CGA has adopted the following policy with respect to information reported by individual participants to CGA using DIRT that identifies such individual participants (“individual participant data”):

CGA pledges that any individual participant data submitted to DIRT will be used only for CGA purposes, will be kept confidential to and by CGA, and will not be released to third parties by CGA (unless the third parties are working on CGA’s behalf), without the individual submitting participant’s written consent, except as authorized or required by applicable law. CGA may release aggregate DIRT information that does not disclose individual participant data.

CGA has adopted the following measures to protect confidentiality of individual participant data:

  1. If CGA receives a request for individual participant data, CGA will notify the applicable individual participant in writing and seek written consent to disclose such data. If the individual participant denies consent, CGA will notify the requestor in writing that the information is confidential and not available.
  2. If CGA receives a subpoena for individual participant data, CGA will review the subpoena with CGA counsel for advice. CGA will also notify the individual participant in writing of receipt of the subpoena, unless such notice is prohibited by law. If the subpoena is valid based upon CGA counsel review, CGA will work with the individual participant’s counsel to assert legal defenses to production of such data and/or seek an order protecting confidentiality of such data, if such defenses or order are available after consultation with CGA counsel.
  3. If CGA receives a court order requiring production of individual participant data, CGA will review the order with CGA counsel for advice. CGA will also notify the individual participant in writing of receipt of the order, unless such notice is prohibited by law. If the order is valid based upon CGA counsel review, and CGA counsel advises against appeal of the order, CGA will comply with such order based upon advice of CGA counsel, and produce individual participant data based upon advice of CGA counsel. If the order is not valid or CGA counsel advises there are valid grounds for appeal, CGA may appeal the order based upon advice of CGA counsel.

1 Memorandum by Hinshaw & Culbertson LLP (Sept. 10, 2004).