Rapid and effective information sharing between the food industry and government officials can be a critical component to solving foodborne outbreaks. Successfully solving a foodborne outbreak requires cooperation and collaboration while also acknowledging each other’s limitations and concerns on information sharing. Below are some commonly asked questions and answers regarding sharing of consumer food purchase data. Processes and requests may vary based on different states’ regulations. It is best to work with your company’s legal counsel and the state’s regulatory authorities prior to food emergencies to determine information sharing requirements and processes.
How do I know consumers consented to sharing purchase data?
Most investigators will not request purchase history from industry without having already obtained permission from the consumer during the epidemiologic interview. Consumers may consent verbally over the phone during an epidemiologic interview, or in writing via paper form, email, or text. This information will be shared with the retailer upon requesting the food purchase history. It is recommended that the company’s legal department and the state agency discuss the data sharing request process before an actual event, to clarify expectations and prevent delays.
How do health officials protect privacy and confidentiality?
Health officials only share information with other public health and regulatory officials and industry if it is needed for the investigation. Once the shopper history is received, the requesting agency will redact the personal information (name, phone number, shopper card number, credit card number, etc.) before sharing with any other public health or regulatory partners investigating the outbreak.
How do officials determine the relevant timeframe for investigation?
The timeframe of interest can vary greatly depending on the food product of interest (particularly its shelf life) and the reason for the investigation. An investigation may be initiated because of a pathogen (i.e., E. coli, Salmonella, Listeria) or other contamination (chemical or physical contaminant). The time it takes for someone to become ill after eating the product (the incubation period) will also have an effect on the date range for the shopper history request.
Must companies without loyalty programs provide purchase data?
If your company can track the consumer’s purchase data through other transaction or payment records (i.e., phone number, credit/debit cards, etc.), you might be required to turn those records over if the state has legal authority to obtain them. This varies from state to state.
Should we wait for consumer permission if state law allows data access?
Industry’s decision on requiring customer permission is internal, but bear in mind that generally most investigators will not request purchase history from industry without having already obtained permission from the consumer during an interview. To prevent delays during an emergency, it is recommended that the company’s legal department and the state agency discuss the data sharing request process prior to an actual event, so expectations are clear. Industry may consider whether consumers can ‘opt-in’ during signup for loyalty/shopper cards to grant advance permission to share their data in case of an emergency.
Can we be liable for releasing purchase records when authorized?
The state statutes providing public health agencies with the authority to access records may help to reduce the risk to the retailer when they are providing records. Generally, the consumer has already granted permission to investigators during the interview. Laws within each state may vary, so it is recommended that the firm consult its legal counsel on this topic prior to an actual event. Some state citations allowing them to obtain records may be found here.
Who provides data for online grocery delivery purchases?
If your company has a record of the purchase, even if it is delivered by a third party, you would be expected to provide the information.
Can shopper history date be requested before identifying suspected foods?
Food purchase history may be requested to test a hypothesis of which food item(s) may be a likely vehicle but have not yet been confirmed. Purchase histories may be compared to identify common food items between ill people who are part of an outbreak. More information about the investigation process can be found at How Food Purchase History Protects Public Health.
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The Association of Food and Drug Officials (AFDO) is a regulatory organization that connects food and medical-products safety stakeholders and impacts the regulatory environment by shaping sound, science-based rules, law, regulations, and sharing best practices that protect public health.
