Health Privacy

The collection of DNA material from 500,000 to 1,000,000 or more individuals as part of a large U.S. medical research project raises many challenging ethical, legal, and privacy issues. An advisory committee reporting to the Office of the Secretary of Health and Human Services ( the Secretary’s Advisory Committee on Genetics, Health and Society) has published a detailed analysis of the issues such a project would raise in a draft report. The committee’s final report and policy recommendations will be submitted to the Secretary of HHS. The World Privacy Forum has submitted public comments on the draft report; the comments include key policy recommendations. The Forum’s recommendations include the need to provide protection from compelled disclosure of information, the necessity for a full-time project privacy officer with enforcement power, and the need for a far-reaching and robust privacy policy that exceeds the requirements of HIPAA, among other recommendations.

This report discusses the issue of medical identity theft and outlines how it can cause great harm to its victims.

Medical privacy | HIPAA — Five groups joined the World Privacy Forum in asking for changes to be made to a proposed rule on how medical healthcare claims attachments are handled electronically. The World Privacy Forum and the EFF, EPIC, Privacy Rights Clearinghouse, Privacy Activism and U.S. Public Interest Research Group (U.S. PIRG) asked that physicians be given more control over what parts of health records they send electronically to insurance companies, that psychotherapy notes not be included when sending health records for insurance payment, and that the HIPAA Privacy Rule be rigorously applied to scanned health records.

The World Privacy Forum has been particularly interested in developments related to EHRs and the NHIN. Given the impetus of the 2004 Executive Order [1] mandating forward movement in these areas, and the broad impact digitized medical records will potentially have on patients and on the healthcare sector, the World Privacy Forum believes that the decisions this Committee and others shaping these efforts arrive at will be of lasting importance. Given the transition of many parts of our society from analog to digital, it is crucial to ask what this digitization will look like and to carefully examine and discuss what form EHRs and related systems should take in regards to patient choice, privacy, and security.