This
story appeared on Network World Fusion at
http://www.nwfusion.com/columnists/2001/0423bradner.html
'Net
Insider:
'A privacy kind of
guy'
By Scott
Bradner
Network World, 04/23/01
It
looked real bad for privacy lovers. The same Republicans who had been saying
good (or at least semi-good) things about protecting our privacy, started to
sing another tune once they got in power.
First, Department of Health
and Human ServicesSecretary Tommy Thompson was strongly hinting that the active
date for the medical-privacy rules that had been too long in coming would be
delayed indefinitely.
Then, Republican House Majority Leader Dick
Armey sent a memo to his House colleagues with the clear message to anyone who
might be thinking of proposing pro-privacy legislation to back off. The letter,
while ostensibly saying that the U.S. government needed to get its house in
order before telling others to do good things, was too full of ridicule to be
taken for anything but an antiprivacy manifesto.
We privacy advocates
were starting to view the new Bush administration the same way that many
environmentalists were, but without the occasional mitigating action.
Still,
there is reason for some hope. President Bush "directed" (in the
language of the White House announcement) Thompson to let the federal
medical-privacy rule become effective on schedule.
The rules do not
have to be complied with for two years, so there is plenty of time for your HMO
to make a buck selling your medical history to your prospective employer.
In
addition, the President created some concern when he asked Thompson "to
recommend appropriate modifications to the rule" to address
"legitimate concerns" that have been raised about the rule. The only
concern President Bush mentioned was allowing parents access to their
children's medical records, but the medical industry is busily loading trucks
to drive through this loophole.
But other things have happened of late
that hopefully will mean such trucks will be somewhat limited in scope.
In
what was probably not a total coincidence, the Wall Street Journal published an
extensive article showing that Bush is a privacy advocate. The article quoted
officials saying Bush will "tend to side with the privacy point of
view" and that the President described himself as "a privacy kind of
guy" when he made the decision to let the federal medical-privacy rule
stand.
The article also quoted an interview Mr. Bush gave shortly
before becoming president in which he said he would protect medical records and
"make it a criminal offense to sell a person's Social Security number
without his or her express consent." Good stuff!
The proof will
be a while in coming. Will the President help Armey see the light or will the
medical industry win out? This is but a little skirmish in a long battle to
give people power over information about themselves. The battle will go on for
years to come.
Disclaimer: Harvard has a new president coming on board
soon, but I have no idea what his opinion or the opinion of the university is
on the above topic.
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