Health Data Privacy

Firewalls Don't Stop Dragons Podcast

The United States has no general data privacy laws. However, we do have some sector-specific regulations, including HIPAA for health data. But there are many misconceptions about HIPAA. For example, the “P” in HIPAA does not stand for Privacy – it stands for Portability. So, what information does HIPAA cover? Which healthcare and related service providers are governed by HIPAA? And most importantly, what can you do to protect your medical and health data? Today we’ll dive deep into this subject with Kate Black, a data, privacy & health lawyer and a strategic advisor in the health data field.

Interview Notes

• Kate Black: https://www.linkedin.com/in/kate-black-sfo/
• Washington’s My Health, My Data law: https://hintzelaw.com/blog/2023/4/9/wa-my-health-my-data-act-pt1-overview
• HIPAA rights: https://www.hhs.gov/hipaa/for-individuals/guidance-materials-for-consumers/index.html
• STAT medical news: https://www.statnews.com/

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Table of Contents

Use these timestamps to jump to a particular section of the show.

• 0:03:29: What is covered by HIPAA? What isn’t covered?
• 0:06:51: Can I sign away my HIPAA rights?
• 0:08:08: Who in my medical provider’s office can access my data?
• 0:10:23: How audits HIPAA compliance?
• 0:11:47: How is my health data shared between providers?
• 0:14:49: Are certain types of health data treated differently?
• 0:15:23: How does health privacy work for minors?
• 0:16:53: Outside of health providers, who else can access my data?
• 0:20:56: How does HIPAA compare to other sector-specific privacy laws?
• 0:22:20: Do secondary providers share back with my primary care physician?
• 0:24:42: Who stores and protects my digital medical records?
• 0:27:46: How are third party providers audited for privacy and security?
• 0:29:56: Are HIPAA security requirements keeping up with the times?
• 0:33:13: Do I have full access to my complete medical record?
• 0:36:52: How do marketers get my health data?
• 0:39:51: What laws govern inferred health information?
• 0:45:48: Do pharmacies sell health data to marketers?
• 0:48:57: How private are online medical portals and checkin services?
• 0:53:35: How concerned should we be about using DNA analysis services?
• 0:59:17: How can we improve our health privacy laws?
• 1:00:30: What are your personal tips for protecting health data?
• 1:02:37: If I think someone has abused my data, what can I do?
• 1:04:13: Interview wrap-up
• 1:06:49: Looking ahead