Rolling Breakthrough Demographic Data (MDHHS)

Erin Marie Miller filed this request with the Michigan Department of Health and Human Services of Michigan.

It is a clone of this request.

Tracking #

H013718-112121

Status
Rejected

Communications

From: Erin Marie Miller

To Whom It May Concern:

Pursuant to the Michigan Freedom of Information Act, I hereby request the following records:

- All data provided to and/or reported to MDHHS regarding the number of breakthrough COVID-19 cases in Michigan by race, ethnicity, age, sex, occupation and/or employer type, beginning on today's date (11/21/2021) and continuing until the COVID-19 pandemic has been declared officially ended by the State of Michigan and/or the federal government of the United States of America. If this data exists only in part, or needs to be segregated before release, please contact me directly. I am open to negotiating on the scale and scope of this data request.

- Please also identify when the data was collected, what methods were used, and what purpose was intended for the data when gathering it.

- Please provide the requested data on an ongoing rolling basis as it is received by your agency, preferably weekly. If your agency does not receive the requested data weekly, then monthly should also suffice, depending upon how regularly and how thoroughly your agency is tracking the requested data.

I previously requested similar data from the last year and was quoted over $800 by your agency. That said, I am now requesting the most current data on a rolling basis as it is made available to your agency in order to keep costs down and ensure the information is available to the public and those who need it for research and decision-making.

If the requested data is already available to the public, please provide me with links to the data, as I was unable to locate it in a search.

The requested information is vital to the public interest due to poor demographic-level data tracking that has persisted at state and federal levels throughout the COVID-19 pandemic since 2020 -- a fact that has been acknowledged by health departments and data scientists numerous times over the last 1.5 years. Recently, journalism and data science initiatives have been spearheaded to ensure that public health departments track and publicly report all new COVID-19 infections, including breakthrough cases, more thoroughly at the demographic level in order to more effectively identify and protect vulnerable communities.

Tracking and publicly reporting data about new and breakthrough cases at the demographic level can help ensure that new variants are identified more quickly, that data-driven policies can be created to contain outbreaks locally and protect communities more effectively and intelligently, that disparate impacts on vulnerable populations can be recognized and addressed more rapidly, and that physicians, scientists and the general public can have a more transparent and complete understanding of vaccine and booster duration at the demographic level in order for citizens to stay healthy, particularly across different age groups and racial and ethnic groups, for whom that data is sometimes lacking.

For more information about the value of the requested demographic-level data and why it is of the highest importance to the public, please refer to the following articles:

1. https://www.muckrock.com/news/archives/2021/oct/25/how-you-can-find-more-details-about-covid-19-break/
2. https://coronavirus.jhu.edu/pandemic-data-initiative/data-outlook/preparing-state-data-systems-for-booster-doses-and-breakthrough-cases
3. https://www.politico.com/news/2021/08/25/cdc-pandemic-limited-data-breakthroughs-506823
4. https://www.propublica.org/article/a-tiny-number-of-people-will-be-hospitalized-despite-being-vaccinated-we-have-to-learn-why

The requested information will be made available to the general public, and this request is not being made for commercial purposes. Disclosure of the requested information to me is in the public interest because it is likely to contribute significantly to public understanding of the impact of public health and policy decisions, as well as operations and/or activities of the government, and is not primarily in my commercial interest. I am willing to pay up to $25 for the requested information. If the fee for this request exceeds this amount, please notify me in writing prior to beginning work on the request.

I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Erin Miller

From: Michigan Department of Health and Human Services

RE: Public Records Request, Reference # H013718-112121.

Dear Ms. Miller,

This notice is issued in response to your request, legally received by the Michigan Department of Health and Human Services (Department) on November 21, 2021, requesting information under the Freedom of Information Act (FOIA), MCL 15.231 et seq. Your request is denied.

Section 3(1) of the FOIA, MCL 15.233(1), provides, in pertinent part, that “[a] person has a right to subscribe to future issuances of public records that are created, issued, or disseminated on a regular basis.”  For the following reasons, the Department cannot process your request, under section 3(1), for what you describe as, “[a]ll data provided to and/or reported to MDHHS regarding the number of breakthrough COVID-19 cases in Michigan by race, ethnicity, age, sex, occupation and/or employer type, beginning on today's date (11/21/2021) and continuing until the COVID-19 pandemic has been declared officially ended by the State of Michigan and/or the federal government of the United States of America.” The request does not qualify for a subscription because the type of information that you have identified is not prepared in accordance with, or otherwise released under, a predesignated or regular schedule. A subscription applies only to a public body’s public records that are issued on a steady or uniform and, thus, predictable basis.  See Gendler v. Flint Community Schls, 2005 WL 1750798 (Mich App). In short, the requested records are not created or prepared on a steady basis or, as stated above, prepared in accordance with a predesignated or regular schedule.

As to the denial, the Department is obligated to inform you that under MCL 15.240 §10 the following remedies are available:

1. Appeal this decision in writing to the Legal Affairs Administration of the Department of Health and Human Services, PO Box 30195, Lansing, MI 48909. The writing must specifically state the word “appeal” and must identify the reason or reasons you believe the denial should be reversed. The Department must respond to your appeal within ten days of receipt. Under unusual circumstances, the time for response to your appeal may be extended by ten business days.

2. File an action in the appropriate court within 180 days after the date of the final determination to deny the request. If you prevail in such an action, the court is to award reasonable attorney fees, costs, disbursements, and possible damages.

The Department’s FOIA policies and procedures are available at Policies and Procedures.

Sincerely,

Bureau of Legal Affairs

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