Finding A Way Forward Appendix A: Survey of Common Federal Legal Authority for Data Sharing & Integration

Cross-sector data sharing and integration has become more routine and commonplace, as cross-sector data provide valuable insights to inform resource allocation and evaluate policies. Data sharing and integration is also not without risks, and clear legal frameworks are essential to mitigate those risks, protect privacy, and guide responsible data use. Cross-sector data sharing involves an intricate web of state and federal laws, many of which establish different confidentiality protections for information received, created and maintained by the agencies involved. This table summarizes common federal laws governing relevant permissible uses and disclosures of data assets such as Medicaid, WIC, SNAP, vital records, arrest records, and medical records, among others. This table identifies the relevant statute and/ or code and the allowable uses permitted under those legal authorities. As a note, in some cases, whether an asset can be used or disclosed for the purposes below will also depend on the data recipient (or host). This table focuses on relevant uses and disclosures of identifiable data without consent. This table is not meant to be exhaustive, and instead summarizes the uses most relevant for sharing and integrating cross-sector administrative data. Of note, federal law generally permits de-identified and aggregate data to be shared freely without limitation and identifiable data can usually be shared with consent.