Privacy And Disclosure Of Health Information In Research

The privacy of personal information, and health information continues to be an issue for many. Federal rules governing the use and disclosure of health information is addressed by the
Health Insurance Portability and Accountability act. While the privacy rule does not directly regulate researchers, it does restrict the way health care providers may use and disclose health information for health research.
The term “privacy” can mean several different things to different people. Privacy can be
“experienced on a personal level, and is a value so complex that many philosophers, sociologist, and legal scholars have had heated debates over it for many years. The more common view is that privacy is valuable because it facilitates other fundamental
Almost every state has some statue or regulation protecting the privacy and confidentiality of health information. They generally provide that an individual’s identifiable health information is confidential and that it may not be disclosed without the individual’s

authorization. The statue also dictates several purposes for which the provider may disclose health information without the individual’s authorization. Many states give the individual a right of action against a party that violates the state confidentiality restrictions. States with less comprehensive frameworks often have statues or regulations that specifically protect the confidentiality of health information related to specific health conditions or treatments such as mental health, HIV/AIDS, sexually transmitted disease, alcohol and substance abuse, and genetic status due to their association with potential stigma and discrimination.
Under the fair information practices, patients should be given written notice in plain language of the information practices of those who generate and maintain their
The privacy rule permits the discloser of protected health information without the individual’s authorization when disclosure is required by another law: to a government authority authorized to receive reports of abuse, neglect or domestic violence: for public purposes: for judicial and administrative proceedings: and for research. The privacy rule does not apply to individually identifiable health information that is maintained by someone other than a covered entity and information which has been de-identified in accordance with the privacy rule.
The tension between personal privacy and the desire to use information for research is not likely to decrease any time soon. The development of electronic health records is seen by some as the opportunity to adopt an approach to patient privacy and confidentiality that recognizes an autonomy -based, default position of full patient control over personal information. The promotion of consumer driven health care, which encourages patients to take greater control