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Google whistleblower: the medical data of millions of Americans is at risk
- atonse 7y agoWe can only rely on whistleblowers to tell us truly what's going on behind the scenes with these kinds of things. Kudos to the whistleblower for coming out. Look at how this is done vs. how Apple is doing their health program. There's tons of transparency, they're openly talking about doing studies with Medical Schools, and the medical parties are publishing results.
- janlin1999 7y agoThe real story here might be about how many exceptions are allowed within HIPAA, and how often health data gets transferred. My understanding is that patient consent is not necessary for things like research, which Google's AI efforts could be argued to fall under. This makes sense in that requiring researchers to get consent for every piece of patient data would quickly become cost-prohibitive for many types of studies or introduce sampling issues (e.g. selection bias) or some combination of the two. Patient health data is frequently handed over to researchers, but HIPAA probably did not anticipate the case in which a powerful consumer-facing entity that is notorious for using personal data also could do legitimate research on health data. Additionally, given that Google adheres to the HIPAA business associate agreement, healthcare institutions are allowed to give non-anonymized patient information without patient consent. A typical example might be a medical group that outsources its billing procedures. My understanding is that the medical group does not need to get patient consent in order to hand over medical data to the medical billing coders. Someone who is more knowledgeable about HIPAA might be able to add to the discussion, but from the few details that have been publicized, it could be that Google is following the law, but people are surprised by what is allowed by the law.
- owlninja 7y agoYes, can someone point out what they violated? I know GOOGLE BAD! around here, but surely they aren't this reckless.
- marcinzm 7y ago>My understanding is that patient consent is not necessary for things like research, which Google's AI efforts could be argued to fall under. HIPAA allows for entities to share data with other entities which provide a service to the original entity. For example, Hospitals may share data to a billing provider or a claims analytics provider. It’s almost certain that Google is following the letter of the law.
- deleted 7y ago[deleted]
- DIVx0 7y agoI work for a large US based corp that focuses on technology and data services for the healthcare field. We have massive amounts of PHI for the majority of people who have visited a provider within the country. We apply all sorts of stuff to this data, ML, AI or whatever other buzzy tech you can think of. Most of this work happens within our own data centers but there is significant work done within public clouds. We have BAAs (business associate agreement) with every cloud vendor we work with. We also have gone to extreme lengths to be confident that our cloud deployments are as secure (or more) than our on premises stuff. However, none of that is unique. We're no industry trail blazers with adopting public clouds. Just about every other major player is doing this in a way fairly similar to ours So, what I _really_ don't understand with this story is, did Ascension just simply give up their data to google without boundaries? Their BAA should be very clear that Ascension intends to use google's cloud services but not giving rights to their data to google. It would not be unusual to engage a vendor or form some other partnership with another firm to work on problems or generate new products. I assumed that this is what Ascension and google were doing but this whistleblower and other stories make it seem like google just has free and clear access to this data outside of their relationship with Ascension. Is that true? If so, that's crazy! Otherwise, business as usual?
- ocdtrekkie 7y agoI think the highlight point, that is new information (AFAIK) in this article is that 150 Google employees are working on this project. So this isn't "Ascension is hosting their data in the cloud", it's "Google is working with health data".
- summerlight 7y agoIIUC, this is also an industry standard practice as long as it's covered by their BAA. The question would be whether the actual content in the BAA makes sense or not, but I think the requirement for a BAA is pretty specific. https://www.hhs.gov/hipaa/for-professionals/covered-entities/sample-business-associate-agreement-provisions/index.html https://www.hhs.gov/hipaa/for-professionals/covered-entities...
- blissofbeing 7y agoWhat is the risk of exposing our health data? To me it is not so obvious, other than maybe embarrassment? Is it like how in our culture we don't like to talk about how much money we make? Why are all these things supposed to be secret in the first place?
- foolrush 7y agoBecause the right to your private medical issues is at stake. And that ignores the predatory insurance industry and other discriminatory practices as an aside.
- triceratops 7y agoIsn't embarrassment enough? Why do you close the door when you go to the bathroom? In addition, many diseases like STD/STIs or mental illness carry a stigma. Information like that, if inadequately protected, can have a social or even financial cost like losing your job.
- blissofbeing 7y agoMaybe if it was public these diseases wouldn't be so stigmatized. It might have a social impact now, but I see that as the issue.
- smolder 7y agoI think you're underestimating people's ability or inclination to abuse information for personal gain.
- cortesoft 7y agoI don't think it should be up to someone else what I am allowed to be embarrassed about, or what I want to keep private. I don't think changing society to not be embarrassed about things being made public is a good solution to privacy concerns. Also, we might have a million, non-embarrassment reasons to want to keep things private. I might not want people to know about my cancer because I want to be able to live my life without having to answer questions about it, or have people treat me as delicate. I might not want people to know I am pregnant because I don't want to have to tell them when I have a miscarriage. Most importantly, I want to be able to have whatever arbitrary reasons I want to keep things private.
- uoaei 7y agoMy housemate is not careful with their digital privacy so their devices are all unambiguously theirs and the profile assembled by advertisers is likely cohesive across platforms. Two days ago they said they've been getting a lot more ads about prescription vaginal creams lately. This wasn't happening a week ago. There is reason to expect that someone with access to their medical history would segment them as a likely target for such ads. The topic hasn't come up in their life recently so it would have had to have been from medical records. To be perfectly clear: this probably wouldn't be happening if Google was telling the truth about not using the data for ads. It's time to stop believing ad networks when they say they're "not going to use this data for ads" and "are doing everything they can to keep the data safe". Singular anecdatum, I know, but if we find enough examples of similar occurrences we may be able to build a strong case that they're simply lying about the security of our data in their hands.
- markstos 7y agoAs a man, I had ads about custom fit bras follow me around the internet for awhile. This had nothing to do with my medical records. I read an article about a related company. Sorry, getting ads about medical products is not evidence that the advertising platform has your medical records.
- earthboundkid 7y agoFacebook has been giving me ads for a quit smoking drug for a month or two. (Chantrix? Shows how well the ad worked. I remember there's a picture of a cold turkey.) I don't smoke now, and I've never smoked regularly. Machine learning!
- peterwwillis 7y ago> Two simple questions kept hounding me: did patients know about the transfer of their data to the tech giant? Should they be informed and given a chance to opt in or out? That's literally what HIPAA was created to address. The user doesn't have to opt-in to every single solitary business that touches their data, because there is a chain of business contracts that explicitly dictate what they can do, that originates with the care provider. This is like "blowing the whistle" because your dentist sent your dental impression to a company to create a crown for you. You didn't "opt-in" to that dental company getting your impressions, because your dentist had a contract with them to cover what they would do with it in the first place. Jesus christ.
- JohnFen 7y ago> This is like "blowing the whistle" because your dentist sent your dental impression to a company to create a crown for you. I see a huge difference here, though. the company making my crown doesn't get my complete medical records. They get what is necessary to make the crown. Google is getting everything, to use for purposes beyond the patient's immediate medical needs. > That's literally what HIPAA was created to address. That HIPAA allows this sort of thing to happen is a great reason to pressure lawmakers to improve HIPAA.
- peterwwillis 7y ago> Google is getting everything, to use for purposes beyond the patient's immediate medical needs. That claim was never made anywhere in this whistleblower account. Furthermore, it's illegal, and anyone working with health care records knows that. You can't use the records for anything other than what was covered by the business associate contract. It's clear from the letter that the whistleblower literally has no idea at all what's going on, so they got frightened and yelled fire, in hopes that somebody who knows more than them will come and look for a fire. If they did about 30 minutes of research, they'd know that any person whose records are covered by this agreement has the legal right to request from Google all information about how their medical records are being used. All they'd need to do is ask 8 random people to request records from Google, and one of them might be covered. They could then find out the answer, or at least have some kind of evidence of a lack of process or oversight. They have provided none. Multiple times in the letter they mention that the public must consent to this. There is no law requiring this, so really the whistleblower is trying to assert their own opinions about public policy, and using the veiled threat of malfeasance to get press time. I'd expect this anonymous source to out themselves soon so they can lead some kind of public demand for more visibility (hence more regulation). Which might be good, except the HHS (which actually regulates HIPAA claims) already doesn't enforce it much at all. So it's probably just going to be used as a political tool to gain votes without actually improving people's lives.
- tmaly 7y agoA single HIPPA violation for a single record alone is costly. There was a Ask HN post a few weeks back where someone posted a medical record horror story. They later deleted the post after pointing out that even programmers are criminally liable.
- dang 7y agoThe recent thread on this: https://news.ycombinator.com/item?id=21514952 https://news.ycombinator.com/item?id=21514952
- deleted 7y ago[deleted]
- vkaku 7y agoI salute you, O Whistleblower!
- tokeepmyjob 7y agoI created this anon account because I don't want to lose my job. I work at a major hospital/university as a research engineer and, 100%, the whole system is completely broken. Using our hospital and the 10 or so other major hospitals we work with as my source, I cannot come to any other conclusion. HIPAA is constantly touted as the reason to push more and more CYA hurdles on to the staff's day to day interactions. One of the hospital I work with has an email system where you receive a notification (via email) that you have a message from xyz@majorhospital.com, in the body is a link you have to click through to reach a "secure" portal, then you 2FA, just to read an email someone sent _you_ (with no PII). While the system that actually handle all the PII are basically rubber stamped with no real security reviews. Prototypes I've built that should never pass a security review, regularly do and get let out into the wild. I've been screaming from the top of a mountain for years and all I ever hear back is that it would cost too much, or prolong the dev cycle, or <enter reason here>. If I counter with "I can't believe this will pass HIPAA muster," the answer is always the same: "It passed the review and that is what matters." When that something eventually happens, we can say we went through the proper vetting with the review team and that's it, next to no liability for building crap infrastructure. Of course the security review team will say, they used an analysis software that cleared everything so it's not their fault. Finally the company that made that software will say it's not perfect, but it got certified by XYZ, and just like that the whole thing blows over. The hospital itself is what facilitates this shifting of responsibility, they pays millions upon millions of dollars for any software claiming to securely retain and protect PII, when all to often that software isn't even in beta, let all vetted and hardened. But hey, they got some certification that the hospital can point to and say "It wasn't us." Every year there is some new thing we are supposed to do that feign interest in security, but the weakest links just keep getting weaker. No one cares about your personal information, hospitals only care that they aren't liable when your personal information getting leaked. I literally lie to my doctor, not because I don't trust her, but because I know that it's just a matter of time before my information is out there.
- cwarzel 7y agohey — i'm a journalist at the New York Times. I'd like to chat more about this with you if you're interested. you can reach me at charlie.warzel@nytimes.com or via protonmail cwarzel@protonmail.com
- altgoogler 7y agoDisclaimer: Googler here, my opinions are my own. I have no non-public knowledge of this topic besides these two Guardian reports, and the Google public blog post on the same subject[1]. I do, however, have nearly a decade in non-Google work experience working in clinical documentation technologies for a company who had BAAs with literally dozens of health companies. I simply do not understand the objection this whistle-blower is raising. As far as I understand it, the controversy is simply because Google is involved. > Above all: why was the information being handed over in a form that had not been “de-identified" DeID is typically used at the edges of an IT system, and is tailored to the rights of certain users accessing the system. If you have a system that says, "A ha! There's a patient with a 5mm AAA with no evidence of follow-up! They need a procedure STAT!", you obviously need to have the original documentation to know who to contact. There are ways to keep PHI (identifying info) separated from documentation, but if Google is both the cloud storage provider and doing R&D, both sides of that system would fall on the Google side of the fence. The bulk transfer of documents was almost certainly done via HL7v2 messages which, IIRC, don't have any built-in mechanism for redacting PHI, and if it did usually health systems lack the expertise do this consistently between all BAAs they contract with. > I was worried too about the security aspect of placing vast amounts of medical data in the digital cloud. I mean, yeah, this is an important set of data. In previous years the issues were people walking out of the health system with their laptop and it getting stolen with 1ks of records on it. Cloudification has certainly reduced the vectors to steal large quantities of data. > data potentially being handed on to third parties; Their BAA specifically prevents this. > adverts one day being targeted at patients according to their medical histories. Again, the law specifically prevents this use. These are all hypothetical scenarios. > Full HIPAA compliance must be enforced, and boundaries must be put in place to prevent third parties gaining access to the data without public consent. There simply is no evidence that full HIPAA compliance isn't being followed. > Employees at big tech companies having access to personal information Thousands of employees at Ascension have this level of access. I personally had access to millions of health care records. BUT! There were auditing systems in place. If you attempted to use that access outside of the scope of your job, you're fired, no second chance. > To quote one of my role models, Luke Skywalker: “May the force be with you”. Are you kidding me? Is this satire? > In short, patients and the public have a right to know what’s happening to their personal health information at every step along the way. In short, the concerns here are all hypothetical. There's no basis of any wrong doing. There is no proposal to actually address these concerns in a practical way. [1] https://cloud.google.com/blog/topics/inside-google-cloud/our-partnership-with-ascension https://cloud.google.com/blog/topics/inside-google-cloud/our...
- sys_64738 7y agoWhy does an ad company need my medical data?
- tylerl 7y agoThis strikes me as a whistleblower fail. The story isn't, "I know that something bad happened", as whistleblowing is supposed to mean. Instead they complain that essentially, "I am not personally privy to the consent requirements and privacy protections required, nor do I know what has been implemented." Which... congratulations on not being important, I guess? But in particular, this person gives an emotional plea that people must be given the explicit opportunity to "opt-out", not from the medical research in general, but from any subset of research conducted in collaboration with Google, specifically because it's Google, rather than another research contractor. I donno. Should Internet users be given the opportunity to opt-out from having their IP packets transit fiber owned by AT&T? I mean, sure I agreed to a bunch of stuff when I signed up with my ISP, but my provider is Comcast. They never mentioned AT&T. And some of those packets might not me encrypted....
- marmot777 7y agoThe are HIPAA regulations supposed to protect the data but I take it people don’t trust that there’s sufficient oversight.