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It 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 divo
by uoaei 4y ago
It 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.