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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Wednesday, September 15, 2004

HIPAA does not create a private right of action for release of quality of care information

As reported from the Employment Benefits Institute of America, the US District Court in Denver has held that HIPAA does not allow a hospital to sue a media outlet to prevent the publication of quality of care information:

EBIA - HIPAA ==> Hospital Cannot Sue Newspaper Under HIPAA for Privacy Violations:
"The publisher of a newspaper obtained (from an unknown source) a report that was prepared as part of a hospital's peer review process. The hospital sued to stop the newspaper from publishing information from the report, arguing that use of the report by the newspaper would violate the HIPAA privacy rules. After losing in its bid to stop publication of the report, the hospital then sought money damages, attorneys' fees, and return of the report under HIPAA and state laws. The court held that HIPAA does not create a private right of action and sent the case to state court to resolve the state law claims...."

The full citation of the case is University of Colorado Hospital Authority v. Denver Publishing Co., No. 03-WM-1977 (D. Colo. Aug. 2, 2004)

Labels: information breaches