Question

The Fair Information Practices, as incorporated in the federal Privacy Act of 1974 represents a set of principles that define the responsibilities of an organization (mainly federal agencies) that hold confidential, identifying information about individuals. Explain three qualities of these practices relating to confidential, identifying information about individuals.

Answer 1

Ans) The committee has examined sources of concerns about informational privacy and the confidentiality of health-related information and security, and it defines each in the context of health information. After a review of privacy rights, confidentiality obligations and disclosure policies, and disclosure as it is treated by law and in practice, the committee concluded that there was much basis for concern about confidentiality, but little applicable legal guidance for HDOs. It reviewed options related to uniform legislation, consent and participation rights, disclosure policies, and governance, and advanced a set of recommendations favoring strong federal preemptive legislation and responsible organizational policies to protect privacy and confidentiality of person-specific information.

In the context in which "confidential" is a designation given data to be protected in terms of security and access, the committee has made a number of recommendations that would help HDOs achieve these ends. First, confidentiality is addressed by a recommendation for preemptive federal legislation that all health care data be confidential, protected as such, and access to it controlled.

Second, the committee recommends the establishment of data protection and data integrity boards to provide oversight of security and access in HDOs. To implement protection of health care data, the committee has addressed security and recommended that automated systems and networks supporting HDOs have comprehensive system and network security that reflect the state of the art.

Third, to address patient privacy rights, the report has recommended that patients can have access and other rights regarding their records, and be dealt with through a code of fair health information practices. To accommodate patient expectations of privacy, the committee recommended that patients have certain legally assured rights to recover damages and force compliance if health care information is misused, abused, or improperly released to unauthorized parties.

Fourth, to address privacy—the issue of access to personal information—the committee has made recommendations concerning who should and should not have access to person-identified information and under what circumstances.