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Protected health information (PHI) under U.S. law is any information about health status, provision of health care, or payment for health care that is created or collected by a Covered Entity (or a Business Associate of a Covered Entity), and can be linked to a specific individual.
Covered entities may disclose protected health information to law enforcement officials for law enforcement purposes as required by law (including court orders, court-ordered warrants, subpoenas) and administrative requests; or to identify or locate a suspect, a fugitive, a material witness, or a missing person. [26]
In other words, HIPAA is America’s primary health care privacy law. “What it really is for us is the concept that your health information is yours, and it should be protected by anybody who ...
HIPAA provides a federal minimum standard for medical privacy, sets standards for uses and disclosures of protected health information (PHI), and provides civil and criminal penalties for violations. Prior to HIPAA, only certain groups of people were protected under medical laws such as individuals with HIV or those who received Medicare aid. [41]
The right to privacy is protected also by more than 600 laws in the states and by a dozen federal laws, like those protecting health and student information, also limiting electronic surveillance. [46] As of 2022 however, only five states had data privacy laws. [47]
To protect the privacy and liberty rights of individuals, federal agencies must state "the authority (whether granted by statute, or by Executive order of the President) which authorizes the solicitation of the information and whether disclosure of such information is mandatory or voluntary" when requesting information.
Research — This exception allows disclosure to researchers conducting certain types of research projects. If protected health information is involved, the HIPAA privacy and security rules also apply. Food and Drug Administration (FDA) — PSWP may be disclosed to the FDA By a provider concerning an FDA-regulated product or activity,
The First Amendment states the government cannot violate the individual's right to " freedom of speech, or of the press". [3] In the past, this amendment primarily served as a legal justification for infringement on an individual's right to privacy; as a result, the government was unable to clearly outline a protective scope of the right to speech versus the right to privacy.