Re: Are Google/MSFT bound by HIPAA?

[David Farber <dave () farber net>]

________________________________________
From: Ed Gerck [egerck () nma com]
Sent: Saturday, February 23, 2008 10:46 PM
To: David Farber
Cc: ip
Subject: Re: [IP] Re:  Are Google/MSFT bound by HIPAA?

[Dave: For IP if you wish.]

Short answer to question in Subject line: Does *not* depend on HIPAA.
Depends on the online legal language used to define the limits of their
service, where use is at the user's risk. Implied HIPAA circumvention (a
loophole in HIPAA itself) is not new, however. Medical practices all
over the country do it where either the patient agrees  to the terms of
their private contract or is refused service. Legal circumvention of
HIPAA, which could be useful on a case-by-case basis for medical
research, is taken by Google/MSFT as a blank denial of such assurances,
to anyone.

Of course, centralized online storage of personal medical records is the
proverbial one basket for all eggs. Unsafe as it is known to be for
savvy users, it is attractive for the common user.

Best,
Ed Gerck


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