their own affairs by maintaining control over the use and disclosure of their private information.
63 Jaffee v. Redmond, 518 U.S. 1, 10 (U.S. 1996).
64 Summary of the HIPAA Privacy Rule, supra note 50 (citing civil penalties ranging from $100 to $50,000 or more per violation and criminal penalties of up to $50,000 and one-year imprisonment, or more, depending on the nature of the violation).
65 Summary of the HIPAA Privacy Rule, supra note 50.
66 Summary of the HIPAA Privacy Rule, supra note 50.
11
The Rule also facilitates individual autonomy in several aspects of a patient’s life. First and foremost, patients are able to maintain their dignity by keeping aspects of their lives or certain behaviors that they deem humiliating from the public …show more content…
74 Pritts, supra note 7, at 5.
75 Pritts, supra note 7, at 5.
76 Pritts, supra note 7, at 5.
12
While privacy over PHI often comes up in health care provider contexts, the concern extends to various other aspects of the individuals’ lives, especially to situations in which the individuals are concerned about the potential misuse of this information. For example, approximately six out of ten respondents indicated that they would not grant potential employers access to their medical records out of fear of employment discrimination. Other reasons for individuals’ reluctance include the potential consequences of “social stigma, insurance discrimination, . . . and, for addictions, possible criminal prosecution, job termination, forfeiture of legal protections such as protection under the Americans with Disabilities Act, or the right to receive disability benefits.”77 Clearly, the respondents had good reason to think twice before disclosing their information, because there are significant consequences at stake. Lastly, respondents were least willing to share their PHI with pharmaceutical companies to be used in the marketing of new drugs and other related products, possibly because they believed that
63 Jaffee v. Redmond, 518 U.S. 1, 10 (U.S. 1996).
64 Summary of the HIPAA Privacy Rule, supra note 50 (citing civil penalties ranging from $100 to $50,000 or more per violation and criminal penalties of up to $50,000 and one-year imprisonment, or more, depending on the nature of the violation).
65 Summary of the HIPAA Privacy Rule, supra note 50.
66 Summary of the HIPAA Privacy Rule, supra note 50.
11
The Rule also facilitates individual autonomy in several aspects of a patient’s life. First and foremost, patients are able to maintain their dignity by keeping aspects of their lives or certain behaviors that they deem humiliating from the public …show more content…
74 Pritts, supra note 7, at 5.
75 Pritts, supra note 7, at 5.
76 Pritts, supra note 7, at 5.
12
While privacy over PHI often comes up in health care provider contexts, the concern extends to various other aspects of the individuals’ lives, especially to situations in which the individuals are concerned about the potential misuse of this information. For example, approximately six out of ten respondents indicated that they would not grant potential employers access to their medical records out of fear of employment discrimination. Other reasons for individuals’ reluctance include the potential consequences of “social stigma, insurance discrimination, . . . and, for addictions, possible criminal prosecution, job termination, forfeiture of legal protections such as protection under the Americans with Disabilities Act, or the right to receive disability benefits.”77 Clearly, the respondents had good reason to think twice before disclosing their information, because there are significant consequences at stake. Lastly, respondents were least willing to share their PHI with pharmaceutical companies to be used in the marketing of new drugs and other related products, possibly because they believed that