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OT Lawyers: Could contact tracing customer logs be provided in a public records request?

Posted on 5/12/20 at 7:38 pm
Posted by Ben Hur
Baton Rouge, LA
Member since Feb 2013
1015 posts
Posted on 5/12/20 at 7:38 pm
I was thinking in regards to Orleans Parish asking business to provide customer/patron logs. If the parish is keeping a master log of patrons contact info, is that considered public record? If so, then anyone can file the request for it, correct?
Posted by LSUTigersVCURams
Member since Jul 2014
21940 posts
Posted on 5/12/20 at 7:43 pm to
Interesting thought. Probably there would be some kind of exception for people's personal info although I don't know offhand.
Posted by Athis
I AM Charlie Kirk....
Member since Aug 2016
16930 posts
Posted on 5/12/20 at 7:46 pm to
I was thinking that she is going to sell the info on the people...
Posted by tgrbaitn08
Member since Dec 2007
148031 posts
Posted on 5/12/20 at 7:46 pm to
I’m not giving anyone my information nor am I giving my kids information.

Minors should be protected and adults shouldn’t have to give information to be traced due to medical issues. That should violate some sort of HIPAA law.
Posted by Ghost of Colby
Alberta, overlooking B.C.
Member since Jan 2009
16035 posts
Posted on 5/12/20 at 7:52 pm to
quote:

That should violate some sort of HIPAA law.

You are digging wayyyyy too deep if you are concerned about HIPAA. There are about a dozen violations of privacy before you have to pull out the HIPAA card.
Posted by Cosmo
glassman's guest house
Member since Oct 2003
132701 posts
Posted on 5/12/20 at 7:52 pm to
Just give a fake name and number

This isnt complicated
Posted by tLSU
Member since Oct 2007
8692 posts
Posted on 5/12/20 at 7:53 pm to
If the records were, the content /names would not be and would be subject to redaction. There's a lot of law about how the PRR is intended to provide the public with information on how the government is performing its duties. Your name/address/info are not part of that.
Posted by Indefatigable
Member since Jan 2019
38447 posts
Posted on 5/12/20 at 7:54 pm to
Interesting question. I would think identifying information would be at the very least redacted from a records request, if not withheld altogether. But I admittedly am not well versed on the issue, that’s just a first impression

ETA: knowing Orleans Parish, they’d probably “redact” it by highlighting it black in adobe and then provide the .pdf so anyone could just undo the redactions
This post was edited on 5/12/20 at 7:56 pm
Posted by jlc05
Member since Nov 2005
33424 posts
Posted on 5/12/20 at 7:56 pm to
quote:

Just give a fake name and number

Richard N. Ball
Posted by Cymry Teigr
Member since Sep 2012
2138 posts
Posted on 5/12/20 at 7:57 pm to
Step 1. Allow everyone to use your name when dining.
Step 2. Get rid of Latoya.
Step 3. Alibi “I was dining at all these restaurants it wasn’t me”
Posted by Demshoes
Up in here
Member since Aug 2015
10758 posts
Posted on 5/12/20 at 7:58 pm to
To : Visions

Re: public records request
Posted by iron banks
Destrehan
Member since Jul 2014
4284 posts
Posted on 5/12/20 at 7:59 pm to
Sadly I will avoid Nola with that Comrade in charge
Posted by LoneStar23
USA
Member since Aug 2019
5837 posts
Posted on 5/12/20 at 8:16 pm to
Scrotie Mcboogerballs
Posted by rpr4695
Member since May 2013
2132 posts
Posted on 5/12/20 at 8:28 pm to
Don't know about Louisiana public record law, but I do know that the Federal Freedom of Information Act has 9 exemptions which cannot be accessed, one of which includes confidential sources. § 552(b)(7):

quote:

“records or information compiled for law enforcement purposes, but only to the extent that the production of such law enforcement records or information (A) could reasonably be expected to interfere with enforcement proceedings, (B) would deprive a person of a right to a fair trial or an impartial adjudication, (C) could reasonably be expected to constitute an unwarranted invasion of personal privacy, (D) could reasonably be expected to disclose the identity of a confidential source, including a State, local, or foreign agency or authority or any private institution which furnished information on a confidential basis, and, in the case of a record or information compiled by criminal law enforcement authority in the course of a criminal investigation or by an agency conducting a lawful national security intelligence investigation, information furnished by a confidential source, (E) would dis- close techniques and procedures for law enforcement investigations or prosecutions, or would disclose guidelines for law enforcement investigations or prosecutions if such disclosure could reasonably be expected to risk circumvention of the law, or (F) could reasonably be expected to endanger the life or physical safety of any individual”


I would imagine the actual names of the customers would fall under this.
Posted by TigersSEC2010
Warren, Michigan
Member since Jan 2010
38535 posts
Posted on 5/12/20 at 8:38 pm to
I’d love to get my hands on those records just to see the stupid shite people put down.
Posted by RealityTiger
Geismar, LA
Member since Jan 2010
20543 posts
Posted on 5/12/20 at 8:42 pm to
I really don't understand how anybody could be ok with the concept of contact tracing.

I mean, I'm not one of those douches who wears a tin foil hat and screams about my liberties. But at the same time, good lord the idea of contact tracing damn near stretches into George Orwell 1984 level shite. And people are just like, "whatever, good with me".

It's astounding to me that people are ok with this.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
38572 posts
Posted on 5/12/20 at 8:55 pm to
Actually the idea of government mandating that a place of public accomodation provide a list of the names of their patrons is uncharted territory.

The constitution does not necessarily guarantee a right to privacy. That was a right created by William Brennan in Roe v. Wade However the 4th would apply becausea restaurant could say no to turning over the logs to the city unless the city provides a warrant. I could see a 1st Amendment case as well.

It would be an interesting test case against Latoya. I could see a Commander's conceivably being able to pull it off but a Mickey Ds????? I think it is overreach to a level that borders on the totalitarian.
Posted by Interweb Cowboy
NW Bama
Member since Dec 2010
3193 posts
Posted on 5/12/20 at 9:00 pm to
When they get really serious they will use cell phone location technology. Thats how MeMaw shut down Alabama, they used cell phone locations to say we were not social distancing on our own.
Posted by Big Jim Slade
Member since Oct 2016
6367 posts
Posted on 5/12/20 at 9:05 pm to
In divorce proceedings could a spouse subpoena the list from the business itself And not a FOIA a request from the government? The business is keeping the records. Possibly see if the wife really went “shopping” and checking her alibi.
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