California Controlled Substance Utilization Review and Evaluation System Data Request

HIJ Action Lab filed this request with the California Department of Justice of California.
Tracking #

2019-02076
Submitted Aug. 28, 2019
Status
Rejected

From: HIJ Action Lab

Subject: California Public Records Act Request: California Controlled Substance Utilization Review and Evaluation System Data Request

Fax

To Whom It May Concern:

Northeastern University's School of Social Justice and Health Equity is interested in the California Controlled Substance Utilization Review and Evaluation System ("CURES") 2.0. Specifically, we want to learn more about law enforcement access to the database, the use of an algorithm that produces a risk score to analyze its contents, and the data access and retention rules governing the system.

In order to permit the public to understand how the Department of Justice is using CURES 2.0 and how it impacts public health and civil liberties in California, Northeastern University's Health in Justice Action Lab is making this request under California
Public Records Act: Government Code§6250et seq. for the following records:

1. Any and all records reflecting the establishment, legal authorization, or permission to use, test, or evaluate CURES 2.0 (e.g., statutes concerning its use, training manuals);
 
2. Any and all memoranda of understanding between the State Board of Pharmacy and any outside entity regarding CURES 2.0;

3. Any and all records including information about the algorithm that determines risk scores in CURES 2.0, including but not limited to its source code, developer documentation, and operator manuals;
 
4. Any and all research, technical reports, or internal audits that evaluate the CURES 2.0 risk assessment tool’s effectiveness or performance;

5. Any record showing the number of patients in CURES 2.0 by quarter and year (2006-present);

6. Any and all records showing how often law enforcement entities or individuals have requested information or records from CURES 2.0, or made electronic queries of the system, including but not limited to what types of information or records have been requested, which agencies have made the requests, the percent of requests that were accepted versus denied, temporal trends, the form of the request (e.g. subpoena, warrant, etc.), and whether the requests were granted or denied. 

Because this request involves a matter of public concern and because it is made on behalf of a nonprofit organization, we ask that you waive any fees. If you decide not to waive fees, we request that you permit us to examine, at our election, the responsive documents before deciding which portions to transmit. We prefer the documents in electronic format.

Should you determine that some portion of the documents requested are exempt from disclosure, please release any reasonably segregable portions that are not exempt. In addition, please note the applicable statutory exemption and explain why it applies to the redacted portions. As you know, a custodian of public records shall comply with a request within ten days after receipt.

Thank you in advance for your anticipated cooperation in this matter.

Sincerely,
Sarah Seymour

From: California Department of Justice

Subject: Response to Public Records Act Request (Seymour-02076)

Email

Dear Ms. Seymour:

Attached please find a response to the Public Records Act request that you submitted to the California Attorney General's Office on August 28, 2019.

Best regards,

Nicole Arnaiz
CA Department of Justice
CJIS Division

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.

From: HIJ Action Lab

Subject: RE: California Public Records Act Request: California Controlled Substance Utilization Review and Evaluation System Data Request

Email

To Whom It May Concern,

Attached please find a response to the letter submitted by the California Attorney General's Office on September 24, 2019.

Regards,
Louis Miyara

From: California Department of Justice

Subject: PRA Follow Up Response Letter: Seymour, Sarah 2019-02076

Email

Good Morning,

Please find our response to your PRA follow up request submitted to the Attorney General's office on January 9, 2025, attached.

Thank you,

[cid:image001.png@01DB8CEF.C70138A0]<https://oag.ca.gov/consumers/general/pra>
CJIS PRA
California Department of Justice
California Justice Information Services Division | CJIS Executive Office
Administration Support Program | Regulations, Training, & PRA Section

CONFIDENTIALITY NOTICE: This communication with its contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s). Unauthorized interception, review, use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication.