Access to User Records

Proposed federal law would protect medical records

Doctors, hospitals, and privacy advocates are welcoming a move to protect the privacy of medical records under federal law. But deep differences remain over the details, including the power of law-enforcement officers to search records. Congressional action is expected next year. Most people agree that health records, with few exceptions, should be used for health purposes only. But there will be much debate over such details as whether states will be allowed to pass strong privacy laws, how much control patients should have over the contents of medical records, and whether insurance companies will maintain broad access to records for internal reviews. Legislation recently introduced by Sen. Patrick Leahy, D-Vt., sets a high standard, requiring "clear and convincing" evidence by law enforcement agencies in order to search medical records without permission. (October 28, 1997)

Doctors protest posting of mailing addresses on Web

The Union of American Physicians and Dentists has filed a lawsuit against the Medical Board of California to prevent the Board from posting the mailing addresses of licensed doctors on the Board's Web site, along with other information such as medical license numbers and malpractice judgments. The Union is concerned that doctors or their families would be endangered if mentally ill patients get the doctors' home addresses. The doctors' mailing addresses were already considered public records and were available to people who called the Medical Board. But the doctors Union objected, saying that Internet access would make it easier for hostile patients to get doctors' addresses. (October 9, 1997)

Presidential recommendations would protect medical records

The Clinton administration has released recommendations for the first federal law that would protect the confidentiality of medical records. For decades, access to medical records was limited mostly to doctors and some hospital personnel. But as the health care world became computerized, the number of people who can access the private details of a person’s health history has exploded. The Clinton proposal would generally:

Social Security Administration balances user privacy and easy access to records

The Social Security Administration has announced that it will reopen a more secure Web site by January 1998. In March 1997, Social Security opened a site that allowed access to a person’s earnings history and estimated retirement, disability, and death benefits. However, that site compromised people’s privacy rights by enabling access to a person’s private data to anyone who could provide certain publicly available information, such as a name, social security number, and date and state of birth. The new site offers greater protections of privacy. People will be able to get estimates of their retirement benefits only after they make a specific email request that their benefits be unlocked for access. In addition, earnings histories will be sent out only through the regular mail. (September 5, 1997)

For more details, see full newspaper story 1newspaper story 2, and newspaper story 3.
 

Database industry adopts guidelines for privacy online

Eight major providers of personal information online, including Lexis-Nexis and two national credit agencies, have adopted the database industry’s first voluntary privacy standard. Under the standard, information from nonpublic sources (like social security numbers) will be displayed only to certain subscribers, such as law enforcement officers. In addition, each firm will disclose sources and uses of data upon request. (September 3, 1997)

Access to reliable information may outweigh privacy considerations

Some are arguing that access to reliable information may outweigh rights to privacy. If the government restricts the availability of personal details in online databases, it is feared that this will impede people who need such information to track spouses who owe child support or to expose governmental corruption. (September 3, 1997)

 Federal Web sites lack privacy rules

A study by a watchdog group concluded that there is no government-wide policy regarding privacy concerns on federal Web sites. Although federal Web sites frequently request information from visitors, many of the sites fail to explain how a federal agency will use the information. By failing to tell visitors why the information was collected and how it would be used, the agencies violated the federal Privacy Act of 1974. The lack of a federal policy on privacy could impede the development of governmental sites that would give the public access to records. (August 28, 1997)