Standards for Privacy of Individually Identifiable Health Information. Final Privacy Rule Preamble.. Effect of Consent


These consents, as well as the authorizations described in § 164.508, should not be construed to waive, directly or indirectly, any privilege granted under federal, state, or local law or procedure. Consents obtained under this regulation are not appropriate for the disposition of more technical and legal proceedings and may not comport with procedures and standards of federal, state, or local judicial practice. For example, state courts and other decision-making bodies may choose to examine more closely the circumstances and propriety of such consent and may adopt more protective standards for application in their proceedings. In the judicial setting, as in the legislative and executive settings, states may provide for greater protection of privacy. Additionally, both the Congress and the Secretary have established a general approach to protecting from explicit preemption state laws that are more protective of privacy than the protections set forth in this regulation.