1. What is Appropriate Federal Oversight of “De-Identified” Protected Health Information Collected By Healthcare Providers, Health Plans, Healthcare Clearinghouses and their Business Associates?
A. Privacy Advocates say that encryption keys for de-identified Protected Health Information under HIPAA are often not properly secured, allowing improper unauthorized access and sales, resulting in a multi-billion dollar grey market forProtected Health Information.
B. Data Brokers who buy and use de-identified’health information and sell “re-identified” health care information argue they are not precluded by law from using de-identified health information after re-identification using encryption keys.
2. What Rights Do Individuals, Health and Wellness App Owners, Manufacturers, Healthcare Providers and Healthcare Administrators Have in Patients' Health Information??
Information ownership rights In individual health data transmitted through networked applications depend on the facts and circumstances. including the contractual obligations of the parties who have access to the data in a highly regulated environment.