Quote:
Originally Posted by marcop
I have little legal knowledge, so these are probably stupid questions:
1) How can the AHF just ask for this information? Don't they need standing or to show harm or something? Otherwise, what's to stop anyone just filing a subpoena asking for this kind of thing? And unless they're actually involved in a lawsuit (which they may be, though that's not mentioned), can they really just ask to be allowed to start a fishing expedition with an organization that they've been in an adversarial relationship for a number of years? And why do they need the information as hasn't any instances of STD infection already been notified to the County Board of Health?
2) Although the information requested has been shared among the groups mentioned above, that doesn't mean it's not private. Doesn't the document the talent fills in when getting tested delineate the various parties the information might be released to? And surely it's not intended to be released to all and anyone.
3) Who pays for the collection of the information demanded? Presumably, someone will spend X hours being paid Y dollars/hour to do the work to amass the data and redact personal details. Who pays that? The people being subpoenaed or the people submitting the subpoena? It seems more than a little unfair to subpoena some random organization, demand they supply private and sensitive information, and then make them bear the cost of the collection of that information.
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1 This is not a request its a subpoena they are compelled by the court to produce what is demanded. That subpoena had to be signed by a judge so they had to have legal standing and yes they are involved in a lawsuit. the testing facilities can not simply say no.
2. The document required is called a HIPPA release and it isnt blanket there must be one for each and every entity the info is shared with, Im not a lawyer but I believe the data can be shared so long a sno identifying information is shared, for example they could report to the county health dept (and do) that we did x number of tests and y were positive for an std. whether or not individual results even with no identifying information is shareable is a legal question I dont have an answer to. The FSC has always said they dont have any of that info, we all know thats a lie, and the passing of this info to the FSC and APHSS and PASS and whomever else is going to be the basis AHF will use to say its not private specially when AHF just wants the numbers, not the individuals identifying info...same as or less than The FSC and APHSS and AIM and womever gets
3. That may be something the testing facilities will claim but unless otherwise ordered by the court the testing facilities bear that burden.
Let me re-iterate that I do not like this at all but I dont like that the info is shared with ANYONE which is why I have never and will never be in the PASS system.