Privacy and Health Research. Federal Agencies' Statutes


Adding specificity and strictness beyond the Privacy Act, the statutes governing many Federal agencies that conduct, support, or regulate health research set detailed privacy-protection requirements.104 Generally these statutes' requirements extend to the agencies' grantees and contractors, and must be recognized in contractual arrangements with the agencies.

Special provisions of the Public Health Service Act apply to dedicated facilities that provide treatment for alcohol or drug abuse with Federal assistance. These set very strict rules on disclosure of data acquired in treatment, rehabilitation, training, and research.105

(104) Public Health Service Act § 306(d), 42 United States Code 242K(d), does so for the National Center for Health Statistics, for example, and § 903(c), 42 United States Code 299a-1, for the Agency for Health Care Policy and Research.

(105) Public Health Service Act § 543, 42 United States Code § 290dd-2.