CA and celebrity med. record leaks...

[David Farber <dave () farber net>]

Begin forwarded message:

From: Peter Swire <peter () peterswire net>
Date: May 18, 2009 2:32:06 PM EDT
To: "dave () farber net" <dave () farber net>
Subject: RE: [IP] CA and celebrity med. record leaks...

Hi Dave:

Perhaps of interest on the medical records, and the related "peeping"  
at Obama's passport records, Joe the Plumber's child-support records,  
and Obama's cellphone records:

http://www.law.berkeley.edu/institutes/bclt/security/media/Swire.pdf

That's the powerpoint version of my upcoming article on "peeping" --  
the problem of authorized users who give into temptation (or greed)  
and look at records they shouldn't.

The law review version will be available, I hope, in a few weeks.   
Basically, we need better tech safeguards (role-based access, audit  
logs).  Then, as in California, we may need breach notification laws  
or other measures so that people will trust that the file clerks  
aren't "peeping" at their records.

In terms of penalties, Peeping Tom was struck blind when he looked at  
Lady Godiva.  Tiresias was also struck blind, when he saw the goddess  
Athena bathing.  So the traditional penalty for this is blindness.   
That's a bit harsh, but it gives a sense of how seriously at least our  
mythological stories treat looking at things that shouldn't be looked  
at.

Peter


Prof. Peter P. Swire
C. William O'Neil Professor of Law
  Moritz College of Law
  The Ohio State University
Senior Fellow, Center for American Progress
(240) 994-4142, www.peterswire.net
________________________________________
From: David Farber [dave () farber net]
Sent: Monday, May 18, 2009 2:17 PM
To: ip
Subject: [IP] CA and celebrity med. record leaks...

Begin forwarded message:

From: Suzanne Johnson <fuhn () pobox com>
Date: May 18, 2009 1:03:25 PM EDT
To: dave () farber net
Subject: CA and celebrity med. record leaks...



Regarding the leak (or insider sales) of private medical information,
California has the additional issue of celebrity medical records and
their interest to tabloids.

Farrah Fawcett (remember her..very popular in the 70's) had this
problem, and there is a move afoot to pass Farrah's law which would
make prosecution of record leakage easier.

http://www.allheadlinenews.com/articles/7015178654

Perhaps there are elements that should become basic national
law..hopefully BEFORE electronic medical records become a fact of life.

 --Suzanne




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