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HHS Response to The Supreme Court’s Abortion Decision and Potential Challenges

In response to the Supreme Court’s recent decision in Dobbs v. Jackson Women’s Health Organization, the HHS Office of Civil Rights has issued two guidance documents:

  1. HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care
  2. Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet

The first guidance addresses the narrow permissions that HIPAA’s Privacy Rule affords to disclose protected health information without an individual’s authorization for non-healthcare-related situations. It reviews and provides examples of disclosures covered by law, for law enforcement purposes, and to avert a serious threat to health or safety.

The second guidance clarifies HIPAA rules and answers several questions on how to protect the privacy and security of your health information while using mobile devices including:

  • How can I keep data about my location and activity on my personal cell phone or tablet private?
  • What else can I do to keep personal and health information on my personal cell phone or tablet private?
  • If I follow all of these steps, will the location and activity data from my personal cell phone or tablet be unavailable to anyone other than me?

Potential Challenges

Although individuals can implement measures to maximize the privacy of their data, it may still be at risk. For example, organizations like Planned Parenthood have encountered potential security risks with their web scheduler and how it tracks users for marketing purposes. Commonly used tracking markers for digital marketing can pass your personal information to 3rd parties like Google and others, making it vulnerable to cyberattacks or government subpoenas. Visit the Washington Post website to read more about Planned Parenthood’s potential health information disclosure risks.


 

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You scheduled an abortion. Planned Parenthood’s website could tell Facebook Source: Washington Post A data-privacy issue on Planned Parenthood’s website has experts wondering: Do people seeking abortions have any chance at covering their digital tracks? Read The Full Article
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HIPAA Privacy Rule and Disclosures of Information Relating to Reproductive Health Care View Guidance
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Protecting the Privacy and Security of Your Health Information When Using Your Personal Cell Phone or Tablet View Guidance