Email communications regarding PCR tests not suitable for virus detection
Dear NJ Department of Health Division of Public Health Infrastructure, Laboratories and Emergency Preparedness,
This is a request for public records made under OPRA and the common law right of access. I am not required to fill out an official form. Please acknowledge receipt of this message.
Records requested:
Please submit any and all email communications to and from an member of the department of health from 1/01/2020- 1/01/2021 with the search term PCR test not suitable or unable to detect live virus. Please supply response electronically.
Yours faithfully,
Olivia Benson
Dear Olivia Benson,
This will respond to the referenced request for government records.
The request is improper and overbroad in that it fails to identify the
specific record sought.
The government records law, N.J.S.A. 47:1A-1, et seq., does not allow a
blanket request for every document a public agency has on file or a
wholesale request for general information. Gannett N.J. Partners, LP v.
Cty. of Middlesex, 379 N.J. Super. 205, 212 (App. Div. 2005); MAG Entm’t,
LLC v. Div. of Alcoholic Beverage Control, 375 N.J. Super. 534, 549 (App.
Div. 2005); Bent v. Twp. of Stafford Police Dep’t, 381 N.J. Super. 30,
36-37 (App. Div. 2005); Spectraserv, Inc. v. Middlesex Cty. Utils.
Auth., 416 N.J. Super. 565, 578 (App. Div. 2010); N.J. Builders Ass’n v.
N.J. Council on Affordable Hous., 390 N.J. Super. 166, 178-79 (App. Div.
2007). Requests for correspondence must identify the individuals or
accounts to be searched and be confined to a discrete and limited subject
matter.
If you would like for us to search for correspondence, in a new OPRA
request please identify the specific employees whose accounts you would
like to be searched.
The request is now denied and closed.
Sincerely,
Logan Rafferty
Custodian of Records for the
Division of Public Health Infrastructure, Laboratories, and Emergency
Preparedness
New Jersey Department of Health
609-376-8744
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-----Original Message-----
From: Olivia Benson <[OPRA #34895 email]>
Sent: Tuesday, August 23, 2022 8:41 AM
To: DOH-DHEPRCUSTODIAN [DOH] <[email address]>
Subject: [EXTERNAL] OPRA request - Email communications regarding PCR
tests not suitable for virus detection
Dear NJ Department of Health Division of Public Health Infrastructure,
Laboratories and Emergency Preparedness,
This is a request for public records made under OPRA and the common law
right of access. I am not required to fill out an official form. Please
acknowledge receipt of this message.
Records requested:
Please submit any and all email communications to and from an member of
the department of health from 1/01/2020- 1/01/2021 with the search term
PCR test not suitable or unable to detect live virus. Please supply
response electronically.
Yours faithfully,
Olivia Benson
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