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:
· prohibit the use of medical information for non-health care
purposes;
· bar employers from using records for non-health care purposes;
· require medical information to be secure;
· impose criminal penalties for leaking medical information;
· allow consumers easier access to their records; and
· require health professionals to tell patients in writing what
procedures are used to guard records. (September 11, 1997)
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)
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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)