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It's very easy to take a particular right (e.g., speech, property) and defend it absolutely. But rights are inherently social, and must be balanced again

It's very easy to take a particular right (e.g., speech, property) and defend it absolutely. But rights are inherently social, and must be balanced against other people's rights. Would you find it acceptable if we societally agreed to do away with the privacy that surrounds the dispensation of healthcare - all the costly protocols (like Sarbanes-Oxley compliance and others), the costly mandated use of privacy compliant software, the costly mandated use of approved healthcare vendors and sub-vendors, the costly management, storing and archival of your records - all of that - say in the name of cheaper, higher quality and more widely accessible healthcare with more rich array of options offered to the citizenry as a whole - the likes of which that are unimaginable in our bloated, archaic and fault-prone system? Doesn't that sound like a good societal trade off? Your paramount right to privacy can't be defended absolutely at the cost of people's basic access to quality healthcare. Now can it?

hanselot 7y ago
Technically, extending on that, all data for any/everything should be open sourced. In the case of driverless vehicles, the app developed with an inferior dataset will have a lower safety score, and thereby a higher number of casualties. In theory we can say that there is a minimum number of casualties involved with getting into the market, especially if you are a new player. The buy-in is a number of human (and other) lives.
wpietri 7y ago
I think you must be talking about HIPPA compliance, not SOX? Anyhow, I think the right to privacy is also not absolute. If I'm in public and someone takes a photo, I can't stop that. I also can't force people not to look at me when I'm out in public, or stop them from saying they saw me on the street. Their rights to go about their business in public and their right to free speech are not trumped by my right to privacy. Medical privacy is different, of course, but that's just another example of my point. In narrow circumstances, certain people (e.g., doctors, hospital staff) can be punished for violating your privacy about certain topics. But there are plenty of exceptions to that. The first hit on my search for "HIPPA exceptions" lists at least 10 reasonable exceptions, including public health and law enforcement: https://www.healthcarecompliancepros.com/blog/exceptions-to-the-privacy-rule/ https://www.healthcarecompliancepros.com/blog/exceptions-to-... In case it isn't clear, I think this is a fine example of balancing societal trade-offs.
- wozniacki 7y ago
  Yes HIPAA. Data protection is a huge latent cost in the dispensation of healthcare that goes unnoticed in discussions. And HIPAA can get expensive for the providers. If you are a small covered entity, HIPAA should cost: Risk Analysis and Management Plan ~$2,000 Remediation ~ $1,000 - $8,000 Training and policy development ~ $1,000-2,000 Total: $4,000 - $12,000 If you are a medium/large covered entity, HIPAA should cost: Onsite audit ~ $40,000+ Risk Analysis and Management Plan ~ $20,000+ Vulnerability scans ~ $800 Penetration testing ~ $5,000+ Remediation ~ Varies based on where entity stands in compliance and security Training and policy development ~ $5,000+ Total: $50,000+, depending on the entity’s current environment

hanselot 7y ago

Technically, extending on that, all data for any/everything should be open sourced. In the case of driverless vehicles, the app developed with an inferior dataset will have a lower safety score, and thereby a higher number of casualties. In theory we can say that there is a minimum number of casualties involved with getting into the market, especially if you are a new player. The buy-in is a number of human (and other) lives.

wpietri 7y ago

I think you must be talking about HIPPA compliance, not SOX? Anyhow, I think the right to privacy is also not absolute. If I'm in public and someone takes a photo, I can't stop that. I also can't force people not to look at me when I'm out in public, or stop them from saying they saw me on the street. Their rights to go about their business in public and their right to free speech are not trumped by my right to privacy. Medical privacy is different, of course, but that's just another example of my point. In narrow circumstances, certain people (e.g., doctors, hospital staff) can be punished for violating your privacy about certain topics. But there are plenty of exceptions to that. The first hit on my search for "HIPPA exceptions" lists at least 10 reasonable exceptions, including public health and law enforcement: https://www.healthcarecompliancepros.com/blog/exceptions-to-the-privacy-rule/ https://www.healthcarecompliancepros.com/blog/exceptions-to-... In case it isn't clear, I think this is a fine example of balancing societal trade-offs.

wozniacki 7y ago
Yes HIPAA. Data protection is a huge latent cost in the dispensation of healthcare that goes unnoticed in discussions. And HIPAA can get expensive for the providers. If you are a small covered entity, HIPAA should cost: Risk Analysis and Management Plan ~$2,000 Remediation ~ $1,000 - $8,000 Training and policy development ~ $1,000-2,000 Total: $4,000 - $12,000 If you are a medium/large covered entity, HIPAA should cost: Onsite audit ~ $40,000+ Risk Analysis and Management Plan ~ $20,000+ Vulnerability scans ~ $800 Penetration testing ~ $5,000+ Remediation ~ Varies based on where entity stands in compliance and security Training and policy development ~ $5,000+ Total: $50,000+, depending on the entity’s current environment