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IRS faces lawsuit over theft of 60 million medical recor
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Forum:
News
Catégorie:
Santé
Divers
Thread ID:
01573990
Message ID:
01574133
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51
>>>Other titles could include:
>>>Why centralized databases of citizens' sensitive personal information are a HUGE risk
>>>As if we needed more reasons to have a low opinion of the IRS
>>>Why I'm against Obamacare reason number 431,262,789
>>>
>>>http://www.healthcareitnews.com/news/irs-face-lawsuit-over-theft-60-million-patient-health-records
>>>
>>>The Internal Revenue Service is now facing a class action lawsuit over allegations that it improperly accessed and stole the health records of some 10 million Americans, including medical records of all California state judges.
>>>
>>> According to a report by Courthousenews.com, an unnamed HIPAA-covered entity in California is suing the IRS, alleging that some 60 million medical records from 10 million patients were stolen by 15 IRS agents. The personal health information seized on March 11, 2011, included psychological counseling, gynecological counseling, sexual/drug treatment and other medical treatment data.
>>>
>>>"This is an action involving the corruption and abuse of power by several Internal Revenue Service agents," the complaint reads. "No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records," it continued.
>>>
>>>According to the case, the IRS agents had a search warrant for financial data pertaining to a former employee of the John Doe company, however, "it did not authorize any seizure of any healthcare or medical record of any persons, least of all third parties completely unrelated to the matter," the complaint read.
>>>
>>>The class action lawsuit against the IRS seeks $25,000 in compensatory damages "per violation per individual" in addition to punitive damages for constitutional violations. Thus, compensatory damages could start at a minimum of $250 billion.
>>>

>>
>>Update : A little more fleshed out here.
>>http://www.courthousenews.com/2013/03/14/55707.htm
>>
>>From the complaint :
>>"In a case involving solely a tax matter involving a former employee of the company, these agents stole more than 60,000,000 medical records of more than 10,000,000 Americans, including at least 1,000,000 Californians.
>> "No search warrant authorized the seizure of these records; no subpoena authorized the seizure of these records; none of the 10,000,000 Americans were under any kind of known criminal or civil investigation and their medical records had no relevance whatsoever to the IRS search. IT personnel at the scene, a HIPPA [sic: recte HIPAA] facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records. The IRS agents ignored and discarded each of these warnings, ignored their own published and public-reliant rules and governing ethical requirements, and ignored the limitations of the court's search warrant authorization, seizing the records under threat of destroying company property."

>
>I haven't had time (yet) to read up on this...but I will. In the meantime I do have one question though....
>Why is it the IRS is trouble here and not the 'unnamed HIPAA-covered entity'? It seems to me that if 15 IRS agents ended up with the data, then the 'HIPAA-covered entity' is the one responsible for the release of the data.

According to the complaint the data wasn't "released" it was illegally seized under threat.

IT personnel at the scene, a HIPPA [sic: recte HIPAA] facility warning on the building and the IT portion of the searched premises, and the company executives each warned the IRS agents of these privileged records. The IRS agents ignored and discarded each of these warnings, ignored their own published and public-reliant rules and governing ethical requirements, and ignored the limitations of the court's search warrant authorization, seizing the records under threat of destroying company property.
...
Despite knowing that these medical records were not within the scope of the warrant, defendants threatened to 'rip' the servers containing the medical data out of the building if IT personnel would not voluntarily hand them over. Moreover, even though defendants knew that the records they were seizing were not included within the scope of the search warrant, the defendants nonetheless searched and seized the records without making any attempt to segregate the files from those that could possibly be related to the search warrant. In fact, no effort was made at all to even try maintaining the illusion of legitimacy and legality.
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