In the era of globalization and technological advancement, sensitive information is continuously threatened by leakage or discovery. Although massive efforts have already been put in to protect patient data, many nations still face difficulties with the legal aspects of the issue. One of them is the expansion of wearable devices and apps that are not covered by privacy protection regulations. Thus, protecting patients’ sensitive data still represents a problematic issue because privacy protection rules need to be constantly adapted to contemporary requirements.
The states should provide more stringent privacy protection over sensitive data in health records than HIPAA because patient information is not adequately secured. Theodos and Sittig (2020) describe that newly-emerged technologies, wearable devices, and smartphone apps collect sensitive data, but HIPAA does not cover these entities. Nevertheless, the states canter to introduce more strict privacy rules due to different approaches to interpreting public health in terms of public and private laws (Greer & Jarman, 2021). The use and production of de-identified patient information are sufficient for protecting patient interests only in research. Moreover, it will not be considered a violation in this case because the researchers use this data only for study purposes.
However, the situation can differ when a patient’s mental condition is a trial issue. In the U.S., the courts of various levels of jurisdiction can authorize the disclosure of patient information, though a judge’s signature on relevant documents may be insufficient to compel the release of a patient’s sensitive data (SAMHSA, n.d.). Since this practice exists, it is possible to assume that the discovery of mental health or substance use disorder records should not be restricted in case of court proceedings.
In conclusion, patient privacy protection poses a challenge due to the necessity of constantly adapting relevant regulations. One of the major problems is the emergence of new technologies which collect information but are not covered by the HIPAA. The de-identified data can be safely used only for research purposes. At last, the practice of disclosure of mental health or substance abuse records is regulated by law, so it does not need to be restricted.
References
Greer, S. L., & Jarman, H. (2021). What is EU public health and why? Explaining the scope and organization of public health in the European Union. Journal of Health Politics, Policy and Law, 46(1), 23-47. Web.
Substance Abuse and Mental Health Services Administration. (n.d.). Care provision, coordination, and patient privacy. Web.
Theodos, K., & Sittig, S. (2020). Health information privacy laws in the digital age: HIPAA doesn’t apply. Perspectives in Health Information Management, 18, 1-11. Web.