Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

A Privacy Law’s “Unintended” But Remarkably Convenient Results

By Stewart Baker on July 28, 2014
Email this postTweet this postLike this postShare this post on LinkedIn

HIPAA is an arguably well-intentioned privacy law that seems to yield nothing but “unintended” consequences.  I put “unintended” in quotes because the consequences are often remarkably convenient, at least for those with power.  I’m not sure you can call something that convenient “unintended.”

The problem has gotten so bad that even National Public Radio and the Pro Publica organization – hotbeds of bien pensant liberalism – have started to notice. This story, for example, could be mined for a host of dubious achievements in privacy law:

In the name of patient privacy, a security guard at a hospital in Springfield, MO., threatened a mother with jail for trying to take a photograph of her own son.

In the name of patient privacy, a Daytona Beach, FL., nursing home said it couldn’t cooperate with police investigating allegations of a possible rape against one of its residents.

In the name of patient privacy, the US Department of Veterans Affairs allegedly threatened or retaliated against employees who were trying to blow the whistle on agency wrongdoing.

When the federal Health Insurance Portability and Accountability Act passed in 1996, its laudable provisions included preventing patients’ medical information from being shared without their consent and other important privacy assurances.

But as a litany of recent examples show, HIPAA, as the law is commonly known, is open to misinterpretation — and sometimes provides cover for health institutions that are protecting their own interests, not patients’.

“Sometimes it’s really hard to tell whether people are just genuinely confused or misinformed, or whether they’re intentionally obfuscating,” said Deven McGraw, partner in the healthcare practice of Manatt, Phelps & Phillips and former director of the Health Privacy Project at the Center for Democracy & Technology.

At this point, we’ve seen a boatload of stories in which HIPAA produces stupid or bad results.  The real question is whether there are any stories in which HIPAA has produced unequivocally good results – things that wouldn’t have happened without the law.  Otherwise, we’re looking at a law passed to prevent nonexistent abuses that has become a source of abuse itself.  In my view, that’s a recipe for repeal – and pretty much the story of most privacy law.

Photo of Stewart Baker Stewart Baker

Stewart Baker’s career has spanned national security and law. He served as General Counsel of the National Security Agency, Assistant Secretary for Policy at the Department of Homeland Security, and drafter of a report reforming the intelligence community after the Iraq War. His…

Stewart Baker’s career has spanned national security and law. He served as General Counsel of the National Security Agency, Assistant Secretary for Policy at the Department of Homeland Security, and drafter of a report reforming the intelligence community after the Iraq War. His legal practice focuses on cyber security, CFIUS, export controls, government procurement, and immigration and regulation of international travel.

Read more about Stewart BakerEmail
Show more Show less
  • Posted in:
    Health Care and Life Sciences, Privacy and Cybersecurity
  • Blog:
    Cyberblog
  • Organization:
    Steptoe LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo