Editor's Note

The FOI Advocate is a compendium of ideas, edited story excerpts and other materials from a variety of Web sites, as well as original concepts and analysis. When the information comes directly from another source, it will be attributed and a link will be provided whenever possible. The blog relies on the accuracy and integrity of the original sources cited. We will correct errors and inaccuracies when we become aware of them.
Showing posts with label confidentiality agreements. Show all posts
Showing posts with label confidentiality agreements. Show all posts

Monday, January 25, 2010

SEC Treated AIG Bailout Document Like a Matter of National Security

Emails turned over by the New York Federal Reserve to the House Committee on Oversight and Government Reform reveal that the U.S. Securities and Exchange Commission originally treated the New York Fed's request to keep secret details of the American International Group (AIG) bailout like a request to protect matters of national security.

Reuters reports that the New York Fed was only comfortable with AIG submitting a bailout-related document tot he SEC after it received assurances that "special security procedures" would be used to handle the document. The SEC also agreed that only two SEC employees would review the document and it would be kept in a locked safe.

For more on the protective measures of the AIG bailout details, click here.

Thursday, April 17, 2008

Seen a Confidentiality Agreement? Send it in!

Concerned by incidents in which hospitals have attempted to restrict newsgathering, the Association of Health Care Journalists strongly urges reporters to resist signing confidentiality agreements with hospitals.

Confidentiality agreements typically aim to bar journalists from disclosing information they discover in the course of reporting at a facility, unless they obtain the hospital's approval.

Reporters should be extremely reluctant to sign a confidentiality agreement with any source. Confidentiality agreements pose a danger of restricting coverage and eroding trust between journalists and the public.

Reporters should:

  • Reject agreements that would preclude them from reporting legitimate news stories, including stories they discover inadvertently in the course of reporting on a different topic.
  • Reject agreements that give hospitals the right to review a story before it is published or broadcast.
  • Refrain from signing a confidentiality agreement if the story is not significant enough to offset a potential erosion of public trust or if there is another way to get the story.
  • Refrain from signing an agreement that has not been examined by a news organization's editorial leadership and legal staff.
  • Refrain from signing an agreement limiting their ability to cover the quality of care or the business operations of hospitals.
  • Remember that HIPAA does not bar a reporter from obtaining an individual's health information directly from that individual, family members or other people who are not health-care providers or health plans.
  • Realize it is the hospital's responsibility under HIPAA, not the reporter's, to have the patient sign an authorization form if the hospital is releasing that patient's information.

AHCJ plans to expose attempts by hospitals to have reporters sign inappropriate agreements by collecting and posting these agreements at www.healthjournalism.org.

Wednesday, February 20, 2008

Water, Water Everywhere...Secret Water Pact Makes the Papers

Look for more of this sort of thing as water becomes more precious:

Officials from Alabama, Florida and Georgia signed a confidentiality agreement in January that includes two private utilities and prohibits the parties from disclosing to the public details of the ongoing negotiations over water rights in the region.

A Florida seafood industry group says the secrecy deal, which also includes the federal government, is illegal and is asking the state's open government commission to throw it out.

"It just fuels suspicion on the part of people down here whose livelihoods depend on this," Kevin Begos, executive director of the Franklin County Oyster & Seafood Task Force, said Tuesday. "We just feel that we have no real say in what's going on and we're not getting any solid information about what's being discussed."

The task force obtained a copy of the agreement through an open records request after state and federal officials provided few details on the status of negotiations last week.

Sarah Williams, spokeswoman for the Florida Department of Environmental Protection, said the agreement was intended to allow for open negotiations even as the states face off in a series of related court battles.

"The confidentiality agreement was there to ensure we can have open and fair discussions without compromising ongoing litigation," she said. "When we have more details, when we have a proposal, it will be put forth to the public."

But it seems the secrecy doesn't meet with everyone's approval:

Read more here.