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Like, this literally feels like a situation they’d have as one of the quiz questions on my HIPAA cert class.
The police ask you to turn over genetic testing data and/or samples from an infant from several years ago to “Assist in an investigation.” They do not have a warrant. What’s the appropriate response? A - Give them the information they’ve asked for. B - Give the samples but not the data. C - Give the data but not the samples. D - Do not share any information and contact your supervisor to take legal action (Correct)
Yeah but what if that baby you had in 1996 got jaundice tomorrow
What then
Edit - Oops, the crime was 1996. The baby was 2014ish.
I knew they used Ancestry/23&me data (or something similar) but I do not see how this isn’t illegal. Those aren’t medical companies so it wouldn’t matter, but this is definitely protected health info and giving it to anyone without authorization is illegal.
I’m pretty sure this breaks HIPAA. I can’t fathom how it wouldn’t. Which might not do anything to the cops, but any doctor involved in giving them that info is supposed to get in serious trouble.
Instead of seeking a warrant for which officers did not have probable cause, the New Jersey State Police subpoenaed the testing program to obtain the blood sample of a child, now nine years old, whose father was suspected of committing the assault, the New Jersey Office of the Public Defender claims.
So no warrant. Also maybe I don’t understand the US legal system, but federal law supersedes state law doesn’t it? And HIPAA is federal law.
:rat-salute-2: thank you. Holy fuck write your patient privacy laws better why on earth are there so many exceptions
Ngl I’m still not convinced that this was legal at all, even with our very minimal protections.
Unrelated though, stupid line in that FAQ:
Some other Federal or State law may require a disclosure, and the Privacy Rule does not interfere with the operation of these other laws
Motherfuckers why don’t you understand what you are? You are a federal law limiting information sharing. The whole point of that is that it overrules state laws. State laws should mean nothing to you and if a state says “We have a law” you should say “Sir this is a Wendy’s sit down.”
We need laws that give people complete and total control over their own data. I wish there were a system that could show me exactly who has data on me and for what purposes, and that I could take that data from them at any time I want backing out of any agreement made for that data in the first place.
Tbf HIPAA is kinda supposed to do exactly that for specifically this type of information. I do not understand how this isn’t illegal.
But the thing is you have to authorize that, often by filling out super annoying forms that make things difficult. And that’s for someone I at least nominally want to have that info
Wasn't Psycho Pass just about murdering people with anxiety?
they rated how likely you were to be a criminal from birth and put you in prison if you were lucky you got to be a glorified police dog
Yeah I remember most of the main character's plot line but weren't there people that would get tipped over the edge from witnessing crimes and then being labeled for extermination themselves?
Oh I'm sure there were, I think they presented a moral dilemma like that at some point
If you have nothing to hide why won't you give :the-pigs: your child's blood?
