Re:Police used a baby’s DNA to investigate its father for a ...
by uoaei on Monday August 15, 2022 @03:54PM
(#32474544)
It is a cornerstone of modern civilization (with its construction of private property rights) that private data vis a vis health be, in the ideal, entirely divorced from demands made by governments or sanctioned actors thereof.
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Re:Police used a baby’s DNA to investigate its father for a ...
by dekhn on Monday August 15, 2022 @04:02PM
(#32474650)
I don't think this is correct in any modern legal theory of a major country.
Re:Police used a baby’s DNA to investigate its father for a ...
by uoaei on Monday August 15, 2022 @06:39PM
(#32476431)
Per: https://www.cdc.gov/phlp/publications/topic/healthinformatio...
DNA and other factors available in blood would seem to fall under "individually identifiable health information" by any definition: a blood sample confers the most unambiguous identification of a biological organism.
Do blood samples nonetheless fall under "permitted disclosures"? Why? It goes completely against the stated purpose of laws like HIPAA re: PII to transmit DNA or other identification data.
Re:Police used a baby’s DNA to investigate its father for a ...
by dekhn on Monday August 15, 2022 @06:49PM
(#32476532)
I'm not sure where your understanding of the law comes from. HIPAA applies to covered entities and business associates, not law enforcement agencies.
But I was really commenting that private data is certainly somethign the government can obtain and use against you in court.