EMPLOYER REFUSAL TO BARGAIN IN GOOD FAITH; REFUSAL TO PROVIDE INFORMATION – Confidentiality; Privacy

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The Privacy Act permits disclosure of records “to a recipient who has provided the agency with advance adequate written assurance that the record will be used, and the solely as a statistical research or reporting record, and the record is to be transferred in a form that is not individually identifiable.” (5 U.S.C.§552a(b)(5).) The Board interprets the Privacy Act’s statistical research exception in line with federal precedent. Such precedent holds that the determinative concern is whether the data is de-identified and how information will be used. Accordingly, the Board found it sufficient to order the University to disclose records in a de-identified manner and to require union to limit its use and disclosure of the de-identified records. (pp. 32-33.)