Comments on: Privacy laws and Seung Hui Cho, cont’d

By: William Nuesslein

William Nuesslein — Mon, 18 Jun 2007 08:25:14 +0000

I never understood the extent of privacy concerns. We can not use Social Security cards for identification, so we use driver’s licences. But one has to register babies with Social Security. The Simpson-Mazzoli failed in large part because it did not provide for secure identity documents.

We should let the investigations play out for the Virginia Tech episode. Mr. Cho was not violent before his lethal rampage. Our systems are tuned for violence, and missed just how sick Mr. Cho was.

By: Walter E. Wallis

Walter E. Wallis — Sat, 16 Jun 2007 21:13:35 +0000

It would be nice if, when the ambiguity of a law becomes apparent, it could be sent back to the originating body for clarification.

By: Tom T.

Tom T. — Sat, 16 Jun 2007 20:11:19 +0000

HIPAA information can be released pursuant to a subpoena. The only real wrinkle is that the patient (or the patient’s legal representative) must be notified of the subpoena and given an opportunity to object. The problem here is that the Va. Tech panel does not have subpoena power, because like any ad hoc government blue-ribbon panel, it’s really just a p.r. exercise, a way to look like the government is doing something about a problem. A legitimate investigative body, like a law-enforcement agency or legislative committee, would be able to compel the production of Cho’s records without undue difficulty.

By: John Burgess

John Burgess — Sat, 16 Jun 2007 19:41:11 +0000

I don’t think there’s much ‘legal confusion’. It’s pretty damn clear that state entities simply cannot release medical records of any kind, even posthumously.

That seems to be what the law says. If so, the law needs changing.

By: Supremacy Claus

Supremacy Claus — Sat, 16 Jun 2007 14:54:26 +0000

Thank a lawyer for the frustration of this crucial investigation.

Confidentiality persists after death for no benefit to the living, except those seeking to cover up a malfeasance.

45 CFR §164.502 (f):

“(f) Standard: Deceased individuals. A covered entity must comply with the requirements of this subpart with respect
to the protected health information of a deceased individual.”