• Skip to primary navigation
  • Skip to main content
  • Skip to footer
Privacy for America

Privacy for America

Furthering Accountability and Responsible Data Practices.

  • Home
  • About
  • Overview
  • Newsroom
    • Blog
    • News
    • Press Releases
  • Contact
  • LinkedIn
  • Twitter

Filling in the Gaps on Privacy

February 24, 2020

If you think HIPAA means your health data is completely protected, think again

The United States has a long history of passing laws to protect consumers and their personal information. The Fair Credit Reporting Act was passed in 1970 to ensure fairness, accuracy and privacy for personal consumer data at credit reporting agencies. The Family Educational Rights and Privacy Act was passed in 1974 to protect the privacy of student educational records. The Children’s Online Privacy Protection Act was passed in 1998 to protect the personal information of children under the age of 13 online. And these are only a few examples.

However, in an age of rapidly changing technology, these sectoral laws are leaving gaps in consumer protection that are only getting bigger. New products and services are being developed every day that require access to sensitive personal information, yet are not covered by existing sectoral privacy laws.

Take the Health Insurance Portability and Accountability Act (HIPAA). HIPAA is a federal law that prohibits medical providers (that charge health plans), health care clearinghouses, and health plans from sharing personal health data with unauthorized third parties or using health data for an unauthorized purpose. Health data is some of the most sensitive personal data, and HIPAA was the first step in protecting consumers from having this data shared inappropriately or exploited as they moved through the health care system.

However, HIPAA does not apply to websites or mobile apps that collect health information but, because they do not charge health care plans, are not covered by the law. This gap deserves attention as Americans increasingly use these direct to consumer technologies, such as apps and wearable devices, to track their health data and assess their physical and mental wellbeing.

Importantly, these new offerings provide numerous benefits to consumers that should be preserved. Consumers should also have confidence that the health information collected about them won’t be misused. It’s a 21st century problem, requiring 21st century solutions.

A comprehensive federal privacy bill should not override existing laws, but fill in the gaps where technology and new consumer offerings have outpaced existing protections offered under laws like HIPAA. Our framework takes a comprehensive approach to privacy legislation that would set clear rules about how companies can collect and use data, including by requiring companies to obtain a consumer’s express consent before collecting or using health data and other classes of sensitive information.

We believe Americans’ personal information – especially their most sensitive data – deserves protections that are far broader and stronger than those that exist today. And we believe that Congress needs to act expeditiously to consider and pass comprehensive legislation that would deliver those consumer protections. Passing such a law is the natural next step in the United States’ long history of protecting consumers and their data from being harmed or misused.

You can read more about our proposed approach to this legislation here.

Blog

Footer

Contact Privacy for America

To get in touch, please contact us.

  • LinkedIn
  • Twitter

About Privacy for America

Learn more about us.

Read our privacy policy.

View our sitemap.

© 2023 Privacy for America. All rights reserved. Site By Prairie Marketing Inc.

We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept All”, you consent to the use of ALL the cookies. However, you may visit "Cookie Settings" to provide a controlled consent.
Cookie SettingsAccept All
Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT