October 18th, 2023
Author: Simon Schaffer
Restrict Access to Electronic Documents
With the increase in use of electronic documents, courts have to deal with the challenge of balancing the right of the public to obtain information about their case and the need to safeguard security and privacy rights. Some states, including Iowa, have already adopted rules that restrict access to certain kinds of files. The rest are considering various options.
First the courthouse and the electronic public access should be able to access all files that have not been sealed. This option would require lawyers and pro se litigants to safeguard security and privacy interests on a case-by -case basis, through motions to seal or exclude information from remote access to electronic public records. This option is based on the assumption that sensitive information should be kept out of the file in the event that the information doesn’t aid in understanding the outcome of the case.
Another limitation is that a covered entity is able to not deny access on basis of the fact that it or its business associate is responsible for maintaining the PHI required by the individual (e.g., the information is held by a record storage company offsite). However, this basis for denial must be limited to situations in which an individual can show that the business associate’s management of the PHI is reasonably likely to cause significant harm or injury.
Final A licensed health professional can deny access to PII when they conclude in the exercise their professional judgment that granting access PII of a specific individual is reasonably likely http://www.vdr-soft.net/what-is-a-ddq/ to put the individual’s life or physical security in danger. This exception should be interpreted narrowly to ensure the privacy of individuals and their right to make informed health care decisions in accordance with the Privacy Rules.
The utopian dreams of Russian-style cybernetic communism could only be turned into everyday reality within the made-in-the-USA global village.
