With the growing use of electronic documents, courts are confronted with the task of balancing a public’s right to obtain information about their case against the need to protect security and privacy interests. Iowa is one of the states that has already adopted rules restricting access to certain types of files. The remaining states are evaluating the various options.
First first, the courthouse as well as electronic public access should both be able access any files that have not been sealed. This will require lawyers and pro se litigants guard security and privacy concerns on a case by case basis by blocking information from electronic access. This option assumes that sensitive data should be kept out of the file in the event that it doesn’t help to understand the outcome of the case.
Another restriction is that a covered organization may not deny access reason that it or its business associate is responsible for maintaining the PHI requested by an individual (e.g. the information is stored by a records storage company offsite). However, this ground of denial should be limited to situations where an individual you can look here can show that the maintenance of the business associate of the PHI is likely to cause significant harm or injury.
The last ground of denial is if a licensed health care professional concludes in the exercise of their professional judgment that providing access to a particular individual’s PII is reasonably likely to endanger the physical or life safety of that individual. This exception has to be interpreted narrowly to safeguard the autonomy of individuals and their right to make informed decisions regarding their health under the Privacy Rules.