4 ms·
Everyone needs to learn about Third Party Doctrine: > "The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give i
by caseysoftware 3y ago
Everyone needs to learn about Third Party Doctrine:
> "The third-party doctrine is a United States legal doctrine that holds that people who voluntarily give information to third parties—such as banks, phone companies, internet service providers (ISPs), and e-mail servers—have "no reasonable expectation of privacy" in that information. A lack of privacy protection allows the United States government to obtain information from third parties without a legal warrant and without otherwise complying with the Fourth Amendment prohibition against search and seizure without probable cause and a judicial search warrant."
Ref: https://en.wikipedia.org/wiki/Third-party_doctrine https://en.wikipedia.org/wiki/Third-party_doctrine
edit:
If you want to learn the legal reasoning for this, check out "Habeas Data: Privacy vs. the Rise of Surveillance Tech" by Cyrus Farivar. It's a great and horrifying book.
- phpisthebest 3y agoAnother fine example of Judaical Activism granting authority to government contrary to the plain reading of the constitution
- somethingsaid 3y agoRight, but while medical offices are third parties, they are also something you cannot (literally) live life without. I would argue that makes them extensions of yourself in the sense that they are acting purely on your behalf in an essential capacity. In this way they are like lawyers, who you need to interact effectively like the court system. In that vain, communications with your medical professionals in their capacity as your caretaker should be strongly protected. That logic applies similarly with your computing devices.
- caseysoftware 3y agoCool idea. You'll need to a) call Congress to change the law and/or b) fight that out in court against a TON of precedents.
- deleted 3y ago[deleted]
- dehrmann 3y agoAren't medical records more protected because of HIPAA?
- caseysoftware 3y agoMinimally. HIPAA covered entities can disclose to law enforcement if they believe the individual is in danger, will cause danger, or may be committing a crime. Once law enforcement has your data, they are not covered by HIPAA. Ref: https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/special/emergency/final_hipaa_guide_law_enforcement.pdf https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/un... * I'm not a lawyer. That's why I'm citing sources.