Although this isn’t new news, I thought I would bring it up. We had what is called a “lunch-and-learn” session today at work, where the company pays for some pizza and during the lunch hour we al sit around and learn something. Today’s topic was about personal health information (or, PHI). Basically, only certain people under certain circumstances are allowed access to this information. To give you an idea of how strict this is: A husband cannot see his wife’s PHI without her consent. This protection falls under HIPAA.
I asked a question about how the Patriot Act (and Homeland Security) Act changes our rights of privacy in regards to HIPAA. Normally, the most restrictive rules apply. This is the case, for example, with states laws verses federal laws — the more restrictive/protective law takes precedence. But these acts are different.
Therefore, the department of Homeland Security has the authority to seek and obtain your PHI:
“This authority can be interpreted to include requests for PHI of any type without the expressed authorization of the patient or legal guardian. ”
You can read more about this here. Of course the government denies that it will misuse the power, I doubt it. At least this current regime.
