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Babies cannot consent to anything, including blood screenings which, according to the article, "have been highly successful at reducing death and disability amo
by Beltalowda 4y ago
Babies cannot consent to anything, including blood screenings which, according to the article, "have been highly successful at reducing death and disability among children".
- uoaei 4y agoIt is a cornerstone of modern civilization (with its construction of private property rights) that private data vis a vis health be, in the ideal, entirely divorced from demands made by governments or sanctioned actors thereof.
- dekhn 4y agoI don't think this is correct in any modern legal theory of a major country.
- uoaei 4y agoPer: https://www.cdc.gov/phlp/publications/topic/healthinformationprivacy.html https://www.cdc.gov/phlp/publications/topic/healthinformatio... DNA and other factors available in blood would seem to fall under "individually identifiable health information" by any definition: a blood sample confers the most unambiguous identification of a biological organism. Do blood samples nonetheless fall under "permitted disclosures"? Why? It goes completely against the stated purpose of laws like HIPAA re: PII to transmit DNA or other identification data.
- dekhn 4y agoI'm not sure where your understanding of the law comes from. HIPAA applies to covered entities and business associates, not law enforcement agencies. But I was really commenting that private data is certainly somethign the government can obtain and use against you in court.