Privacy Laws

Privacy Laws

Question 1

The consequences that pharmacy should face for breach of the HIPAA Act of 1996 vary depending on the circumstances of the violation. In this case, HHS may impose penalties of $100 per violation of a Privacy Rule requirement. The fine may not surpass $25,000 annually for infringement of the same privacy provision. HHS may fail to impose a fine under certain situations; for example, when noncompliance is due to reasonable cause, devoid of willful neglect, and the covered organization rectified the breach within 30 days of detecting the violation.  In this case, therefore, the consequences that the pharmacy chain should face is a fine of $100 per violation of a privacy rule provision.

Question 2

Yes. The law affords each person the right to identity, which protected under the right to identity. The party that created the fake profile committed the crime of impersonation because he infringed his former pastor’s right to identity by posting things that do not fit with the victims’ characteristics. The party misrepresented the pastor publicly. The impersonator can be found liable for infringing on another’s identity under both criminal and civil law. In the second case, the victim can press charges on the imposter in delict for violating their right to identity. In the first case, the party can be prosecuted under the crimen injuria principle.

Question 3

FERPA protects the privacy of student education records in all schools receiving funding under a program of the U.S. Department of Education. The law grants parents certain rights to their children’s records until they reach 18 years or continue past high-school (U.S. Department of Education n.d.). Schools are not obliged to provide copies of such records under normal circumstances, except when distance impeded the eligible students or parents from inspecting the records. Schools must have permission from students or parents to release any information from the academic records of a student. However, schools can disclose those records without the consent of eligible students or parents, under the law, to school officials with genuine interest, other schools the student is transferring to, and specific officials for either evaluation or audit purposes. Other situations that warrant the disclosure of student records are parties with a desire to assist a student financially, organizations undertaking studies for the school, accrediting agencies, in compliance with a court order or legal subpoena. Schools can also release the record to appropriate officials in emergencies, and state and local authorities pursuant to specific State law relating to a juvenile justice system.

References

Kambellary, E. (2019). Online impersonation: I have a right to be left alone v. you can’t mandate how I use my privacy toolbox. Retrieved from https://www.researchgate.net/publication/332382876_Online_Impersonation_I_Have_a_Right_to_Be_Left_Alone_v_You_Can’t_Mandate_How_I_Use_My_Privacy_Toolbox

U.S. Department of Education. (n.d.) Family Rights and Privacy Act (FERPA). Retrieved from https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

U.S. Department of Health & Human Services (HHS). (2003). Summary of the HIPAA Privacy Rule. Retrieved from https://www.hhs.gov/sites/default/files/ocr/privacy/hipaa/understanding/summary/privacysummary.pdf