U.S. Department of Health and Human Services
In some cases, achieving our strategic goals and objectives may be impeded by factors that are beyond the control of the Department of Health and Human Services (HHS). For example, national or local economic conditions can influence whether we are successful in helping families on welfare become economically independent. In some cases, there may b
In contrast to the U.S., most European countries have for some years had in effect broad data- protection laws, based on human rights principles. All focus on personally identifiable data. Most deal with legitimacy of need-to-know; with notification of data-subjects, and consent; with data-subject rights, such as the right to examine data about on
Several current changes in the context within which health data are collected and used must be recognized. First, the boundaries between classical medical care and "public health" are becoming ever less distinct. Over the past decades the rubric, "health," has been broadened to include many matters—from hyperactivity in children, to teenagers' n
The ethos surrounding research on humans was recast and codified after World War II, as the world coped with the revelation of the medical atrocities perpetrated by the Nazis. The resulting "Nuremberg Code"—the opening sentence of which was, "The voluntary consent of the human subject is absolutely essential"—established principles having to d
The following principles are recommended for organizations that conduct, sponsor, or regulate health research involving personally identifiable data. They can be transposed into professional guidelines, standard operating principles, regulations, or laws. Criteria and procedures should be established that are specific to the context.
State Nursing Home Quality Improvement Programs: Site Visit and Synthesis Report. Impact of QIPs on Quality of Care and Quality of Life
Aspects of the QA Plan requirement were seen as having a positive impact on quality of care, and one HFAM representative believed that - though it's too soon to tell if the Medical Director requirements will have an affect on quality--this requirement has the potential to have a positive effect. Those who believed that quality of care were positiv
Personal Privacy in an Information Society. Government Access toPersonal Records and "Private Papers"
Discussion of the need to protect individuals from threats to personal privacy often conjures up ominous images of government agents conducting surreptitious investigations and compiling dossiers. Such images come forcefully to mind when one is concerned, as the Commission is, with preventing improper inquiry into and disclosure of records about i
1 1975 data conveyed to staff of the Privacy Protection Study Commission by staff at the National Center for Health Statistics. 2 National Center for Health Statistics, Health: United States 1975, (Rockville, Maryland: Department of Health, Education, and Welfare, 1975), p. 3. 3 Section 5(c)(2)A) of the Privacy Act of 1974 authorized the
The Commission considered several ways in which its medical-record recommendations might be implemented and enforced. The alternatives considered ranged from a wholly voluntary approach to Federal legislation which, like the 1974 Drug Abuse and Alcoholism statutes, 49 would make compliance with the recommendations a requirement attached to the di
The physician-patient relationship is an inherently intrusive one in that the patient who wants and needs medical care must grant the doctor virtually unconstrained discretion to delve into the details of his life and his person. As a practical matter, because so much information may be necessary for proper diagnosis and treatment, no area of inqu
In the early part of this century, physicians, most of them practicing alone, delivered 85 percent of all medical services in the country.
1 The Use of Polygraphs and Similar Devices by Federal Agencies, Report of the Government Operations Committee, U.S. House of Representatives, 94th Congress, 2d Session, 1976, p. 61; Rights to Privacy of Federal Employees, Hearings before the Subcommittee on Retirement and Employee Benefits of the Committee on Pos1 Office and Civil Service, U
With a few important exceptions, the Commission's specific recommendations on record keeping in the employee-employer relationship also embody a voluntary scheme for resolving questions of fairness in the collection, use, and dissemination of employee records. The reasons for not recommending statutory implementation of many of these recommendatio
External forces can impinge heavily on employment-related record keeping. Government action, technological change, evolving managerial viewpoints and techniques, perspectives and goals of business firms and labor unions, market forces, and change in the composition and character of the work force can all have an effect. Yet because policy must be
A comprehensive study of the effects of record keeping on personal privacy must include records generated in the context of the relationship between employer and employee. The employment relationship affects most people over the greater part of their adult lives, and is basic to the economic and social well-being of our society. Loss of work is fo
1 American Council of Life Insurance, Life Insurance Fact Book, (New York: American Council of Life Insurance, 1976), p. 9. 2 Health Insurance Institute, The Source Book of Health Insurance Data 1974 - 1975, (New York: Health Insurance Institute, 1975), p. 19. 3 American Council of Life Insurance, op. cit., p. 38. 4 Automobile I
The Commission's approach to the problems described in this chapter has been to focus on strengthening and balancing the relationship between the individual insurance applicant, policyholder, or claimant and the insurance institution with whom he deals. As indicated at the outset, the Commission's recommendations have three objectives: (1) to c
Personal Privacy in an Information Society. Current Legal Restraints on Record-keeping Practices. State Insurance Regulation
The primary regulatory mechanisms for overseeing the activities of insurance institutions are at the State level. State regulation has developed around two basic aims: (1) maintaining the solvency of individual insurance companies; and, (2) assuring fair business practices and pricing. Although interest in the record-keeping practices of insurance
Because of their acknowledged dependence upon information about individuals, insurance institutions are reluctant to deprive themselves of inexpensive access to it. There are few restrictions within the industry on the sharing of personally identifiable information or on obtaining it from sources outside the industry. This is true of insurance ins