What Laws Protect My Health Data and What Are My Rights?

Question from Lucy, What Laws Protect My Health Data and What Are My Rights?

Answer from AI:

Receiving a notice that your personal and private health data was shared without your permission is understandably concerning. As a U.S. citizen and resident of California, several laws and regulations protect your health information. Here’s a general overview of the relevant laws and your rights:

Relevant Laws and Regulations

Several federal and state laws protect your health information:

1. Health Insurance Portability and Accountability Act (HIPAA)

HIPAA is a federal law that sets standards for the protection of health information. It requires healthcare providers and their business associates to safeguard your medical information and obtain your consent before sharing it.

– **Protected Health Information (PHI):** HIPAA protects any information that can identify you and relates to your health condition, treatment, or payment for healthcare services.
– **Violations:** Sharing your health information without your consent is a violation of HIPAA. The Office for Civil Rights (OCR) enforces HIPAA and can impose penalties on violators.

For more information, you can visit the [HHS HIPAA website](https://www.hhs.gov/hipaa/index.html).

2. California Consumer Privacy Act (CCPA)

The CCPA is a state law that gives California residents more control over their personal information, including health data.

– **Rights Under CCPA:**
– **Right to Know:** You have the right to know what personal information is being collected about you and how it is used and shared.
– **Right to Delete:** You can request the deletion of your personal information.
– **Right to Opt-Out:** You can opt-out of the sale of your personal information.
– **Right to Non-Discrimination:** You have the right not to be discriminated against for exercising your CCPA rights.

For more details, you can visit the [California Attorney General’s CCPA page](https://oag.ca.gov/privacy/ccpa).

3. Federal Trade Commission (FTC) Act

The FTC Act prohibits unfair or deceptive practices in commerce. The FTC enforces this law and can take action against companies that misuse personal information.

– **Unfair Practices:** Sharing your health information without your consent can be considered an unfair practice under the FTC Act.
– **Enforcement:** The FTC can impose fines and require companies to change their practices.

For more information, you can visit the [FTC’s website on privacy and security](https://www.ftc.gov/tips-advice/business-center/privacy-and-security).

Your Rights and Steps to Take

As a victim of this data breach, you have several rights and options:

1. File a Complaint: You can file a complaint with the OCR if you believe your HIPAA rights were violated. You can also file a complaint with the California Attorney General for CCPA violations.
2. Request Information: Contact the telehealth company to request detailed information about what data was shared and with whom.
3. Exercise Your CCPA Rights: Use your rights under the CCPA to request deletion of your data and opt-out of future data sales.
4. Monitor Your Credit: Consider monitoring your credit and personal information for any signs of identity theft or fraud.
5. Consult a Legal Professional: Given the complexity and potential impact of this situation, it is advisable to consult with a legal professional who can provide personalized advice and help you understand your options for legal recourse.

Resources and Further Reading

– [HHS HIPAA website](https://www.hhs.gov/hipaa/index.html)
– [California Attorney General’s CCPA page](https://oag.ca.gov/privacy/ccpa)
– [FTC’s website on privacy and security](https://www.ftc.gov/tips-advice/business-center/privacy-and-security)

Remember, while this information provides a general overview, it is crucial to seek personalized legal advice to address your specific situation.