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Consumer Advocate Speaks Out Against Bill Allowing Invasions of Medical Privacy; Author Received $21k from Bill Benefactors
Date:3/12/2008

so be required to ask the patient if he or she wants private medical information shared with a for-profit company employed by drug companies. Barring positive informed consent from the patient, the private medical information should not be traded, sold or shared.

Another issue is the threat of misuse of the data by allowing a third party to have access to it. Minimally, the bill would usher in a new era of electronic databases containing private, personally identifiable medical information. Such databases have already proven attractive targets to hackers and identity thieves. The problem is compounded when confidential medical information is sent electronically. According to Adheris:

"These programs can be implemented in various forms, including letters, e-mail messages, newsletters, brochures, and phone calls."

According to the bill, "[a]ccess to the information shall be limited to authorized persons." Does mean that Adheris can "authorize" another company, possibly a health insurance company investigating a claim or an employer checking up on a prospective employee, to use the information?

Further, medical records are often coded with a patient's Social Security number. Information aggregators that get access to medical records could use the Social Security number to combine medical information with a wide range of information already available, including credit information and lists of credit card purchases and bank account balances. The resulting data file would be immensely valuable to companies looking to market products or, in the case of insurers or even mortgage lenders, deny a policy or loan based on combined health and financial data. The digital dossier, maintained without direct government oversight, would also be an attractive target for hackers and identity thieves.

As personal information -- medical, financial and domestic -- becomes an increasingly available and valuable commodity for the corporations tha
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SOURCE Foundation for Taxpayer and Consumer Rights
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