Privacy Act - Providing dose of record to other facilities

["Sandy Perle" <sandyfl@earthlink.net>]

I have a specific question regarding providing dose of record 
information from one facility to another facility, when the 
individual works at more than one facility (different employers). In 
the commercial world, I have to face this for numerous clients. I 
have been requiring each facility, and the individual, to sign a 
waiver form, allowing us to provide all the facility dose received 
from all other facilities. This is what was required when I worked in 
the power reactor world. No dose was released to another facility 
without the signed consent form. I have been told by many clients 
when they were told that this is my requirement, that I am the only 
commercial entity requiring this waiver and consent form. Therefore, 
I would appreciate feedback from both state and NRC staff whether or 
not releasing dose information from many employers to another 
employer is permitted without the signed waiver and consent form. I 
have provided section from 10CFR20.2104 and 20.2106 (state 
regulations generally have the same requirements). Let me also add 
that the report I send a client does not breakdown the dose from each 
facility, nor does it name each facility. I provide the cumulative 
annual dose to date for all locations. I still consider this to come 
under the Privacy Act, since the individual has not signed an 
informed consent that their dose information be released to one or 
more of their current employers.

Please provide your comments to be directly if you prefer. If there 
is consensus that the waiver and signed consent form is not needed, I 
will revise my directive/

Thank you in advance:

BASIS FOR SIGNED CONSENT:

§ 20.2104 Determination of prior occupational dose.  

(a) For each individual who is likely to receive, in a year, an 
occupational dose requiring monitoring pursuant to § 20.1502, the 
licensee shall--  

(d) The licensee shall record the exposure history, as required by 
paragraph (a) of this section, on NRC Form 4, or other clear and 
legible record, of all the information required by NRC Form 4. The 
form or record must show each period in which the individual received 
occupational exposure to radiation or radioactive material and must 
be signed by the individual who received the exposure. For each 
period for which the licensee obtains reports, the licensee shall use 
the dose shown in the report in preparing NRC Form 4......


§ 20.2106 Records of individual monitoring results.  

(d) Privacy protection. The records required under this section 
should be protected from public disclosure because of their personal 
privacy nature. These records are protected by most State privacy 
laws and, when transferred to the NRC, are protected by the Privacy 
Act of 1974, Pub.L. 93-579, 5 U.S.C. 552a, and the Commission's 
regulations in 10 CFR part 9.  

Sandy Perle
E-Mail: sandyfl@earthlink.net 
Personal Website: http://www.geocities.com/capecanaveral/1205

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