HIPAA Impact On Privacy

The issue with the Health Insurance Portability and Accountability Act (HIPAA) and process of newsgathering has emerged with the advancement of social media and technology. HIPAA is a health information privacy law, passed in April 14, 2003, that protects individual’s personal records. HIPAA regulations are implemented in the Privacy, Security, and Enforcement Rules. Journalist and reporters are most affected by the HIPAA regulations and often limited to the type of information they are able to release to the public. The First Amendment protects individuals’ freedom of expression by prohibiting Congress from restricting the press or the rights of individuals to speak freely. However, when it comes to newsgathering, journalists are finding it
In today’s society, privacy is hard to come by. From the local news, radio stations, personal blogs, and social media sites such as Facebook and Twitter; there are so many outlets for providing the public with information. With the tragic school shootings, outbreak of diseases, and natural disasters that occur in this country, the public relies on the media for immediate news coverage. HIPAA hinders access to medical information, which may be much needed information for the families involved, for preventative measures, or for the public’s general knowledge.
Individual’s privacy should always be protected; however, many feel that the restrictions implemented by HIPAA limits their access to information and right to provide the public with accurate information. Journalists resort to other sources to find information and they find that this weakens their ability to practice their right of free speech and press. In other cases, HIPAA guidelines are written too broadly and can be interpreted in ways that allow them find loopholes in the system to gather information from medical agencies or
It becomes more difficult to define the boundaries of today’s journalism when the digital era is constantly changing. Reporters have to change how to gather and present their information when the medical privacy regulations came into effect in 2003. One of the more serious HIPAA-related case occurred in 2005, when Chris Halsne, an investigative reporter for KIRO-TV in Seattle, tried researching about the frequency and rationale behind prescribing narcotics to state prisoners (Medical Privacy). He needed access to prisoner’s medical records, but because of HIPAA, his report lacked sufficient supporting evidence to back up his argument. This was an unconstitutional case where the facility used HIPAA as an excuse for not having appropriate medical documentation of their inmates. Reporters are guaranteed under the freedom of press; therefore, they are able to publish their work without any government restrictions. Although they have this right, the inability for health care reporters to provide the public with efficient data diminishes the purpose of their