Balancing “Safety” with “Freedom” in Aftermath of Virginia Tech Tragedy

In response to the tragic shootings at Virginia Tech, President George W. Bush directed the secretaries of the Department of Health and Human Services and Department of Education along with the Attorney General to meet with educators, mental health experts, law enforcement and state and local officials to discus the broader issues raised by this tragedy.  In their “Report to the President,” they conclude, “The Virginia Tech tragedy and similar violent events that have occurred in recent years . . . make us ask whether the complex balancing of fundamental interest in our communities – interests of protecting privacy and civil liberties, ensuring that our communities are safe, and helping people get the care they need – is appropriately calibrated.”  The report contained several recommendations relevant to emergency planning, preparedness, and notifications:

• States and localities should integrate comprehensive all-hazards emergency management planning for schools into overall local and state emergency planning.
• The U.S. Department of Education should review its information regarding emergency management planning to ensure it addresses the needs of institutions of higher education and then disseminate it widely.
• States and localities should develop a clear communication plan and tools to communicate rapidly with students and parents to alert them when an emergency occurs and utilize technology to improve notification, communication, and security systems.

According to the report, the meetings resulted in “a consistent theme and broad perception” of “confusion and differing interpretations about state and federal privacy laws and regulations [that] impede appropriate information sharing”.  Therefore, the report also recommends:

• Along with reviewing federal laws that may apply, clarify and promote wider understanding about how state law limits or allows the sharing of information about individuals who may pose a danger to themselves or others, and examine state law to determine if legislative or regulatory changes are needed to achieve the appropriate balance of privacy and security.
• The U.S. Departments of Health and Human Services and Education should develop additional guidance that clarifies how information can be shared legally under HIPAA and FERPA and disseminate it widely to the mental health, education, and law enforcement communities.
• The U.S. Departments of Health and Human Services and Education should consider whether further actions are needed to balance more appropriately the interests of safety, privacy, and treatment implicated by FERPA and HIPAA.

“We must not miss the opportunity to learn from this event and do what we can to make our communities safer” was the shared sense of people everywhere according to the report.  The full report is available at http://www.hhs.gov/vtreport.html