California: Unauthorized Access to Medical Info
<p>I took a Covid vaccine few weeks ago with Walgreens. Suddenly in the news, California states they have an electronic record of everyone's vaccine, just provide the info on a website, and you will get a QR digital copy.</p>
<p>Where did California get authorization to receive my medical info from Walgreens? They have a right to keep anonymous survey numbers of How many people received the vaccine in state, however where did they get consent from citizens to track medical vaccine info, of who's taken and not. Seems like Nazi Germany, where California is keeping track of residents without consent. Of course nothing surprises me about California at this point. Is this legal, and can the State be indicted for breach of privacy?</p>
<p><a href="https://www.sacbee.com/news/politics-government/capitol-alert/article252208388.html" rel="nofollow noreferrer">https://www.sacbee.com/news/politics-government/capitol-alert/article252208388.html</a></p>
<p><a href="https://www.northbaybusinessjournal.com/article/industrynews/california-unveils-system-to-provide-digital-covid-19-vaccine-records/" rel="nofollow noreferrer">https://www.northbaybusinessjournal.com/article/industrynews/california-unveils-system-to-provide-digital-covid-19-vaccine-records/</a></p>
<p><strong>Website:</strong></p>
<p><a href="https://myvaccinerecord.cdph.ca.gov/" rel="nofollow noreferrer">https://myvaccinerecord.cdph.ca.gov/</a></p>
<p><a href="https://i.stack.imgur.com/nZvCI.png" rel="nofollow noreferrer"><img src="https://i.stack.imgur.com/nZvCI.png" alt="enter image description here" /></a></p>
<p>Seems to be contradictory to information below:</p>
<p>HIPAA as the following: &quot;The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that required the creation of national standards to protect sensitive patient health information from being disclosed without the patient’s consent or knowledge. &quot;</p>
<p><strong>CDC Website:</strong> <a href="https://www.cdc.gov/coronavirus/2019-ncov/vaccines/distributing/about-vaccine-data.html" rel="nofollow noreferrer">https://www.cdc.gov/coronavirus/2019-ncov/vaccines/distributing/about-vaccine-data.html</a></p>
<p>How does CDC report vaccine distribution and administration data?</p>
<p>&quot;CDC uses the IZ Data Lake to receive, store, manage, and analyze COVID-19 vaccine distribution and administration data from all sources. Data in the IZ Data Lake are <strong>deidentified, meaning they do not identify specific people who have been vaccinated.</strong> CDC data scientists make sure the data in the IZ Data Lake are correct (validated) and that the system does not double-count any doses or vaccination records (deduplication).</p>

<blockquote>
<p>Where did California get authorization to receive my medical info from Walgreens?</p>
</blockquote>
<p>From HIPAA.</p>
<blockquote>
<p><strong>Permitted Uses and Disclosures.</strong> A covered entity is permitted, but not required, <strong>to use and disclose protected health information, without an individual’s authorization, for the following purposes or situations:</strong> (1) To the Individual (unless required for access or accounting of disclosures); (2) Treatment, Payment, and Health Care Operations; (3) Opportunity to Agree or Object; (4) Incident to an otherwise permitted use and disclosure; (5) Public Interest and Benefit Activities; and (6) Limited Data Set for the purposes of research, public health or health care operations.18 Covered entities may rely on professional ethics and best judgments in deciding which of these permissive uses and disclosures to make.</p>
<p>...</p>
<p>(5) Public Interest and Benefit Activities. The Privacy Rule permits use and disclosure of protected health information, without an individual’s authorization or permission, for 12 national priority purposes.28 These disclosures are permitted, although not required, by the Rule in recognition of the important uses made of health information outside of the health care context. Specific conditions or limitations apply to each public interest purpose, striking the balance between the individual privacy interest and the public interest need for this information.</p>
<p>...</p>
<p>Public Health Activities. Covered entities may disclose protected health information to: (1) public health authorities authorized by law to collect or receive such information for preventing or controlling disease, injury, or disability and to public health or other government authorities authorized to receive reports of child abuse and neglect; (2) entities subject to FDA regulation regarding FDA regulated products or activities for purposes such as adverse event reporting, tracking of products, product recalls, and post-marketing surveillance; (3) individuals who may have contracted or been exposed to a communicable disease when notification is authorized by law; and (4) employers, regarding employees, when requested by employers, for information concerning a work-related illness or injury or workplace related medical surveillance, because such information is needed by the employer to comply with the Occupational Safety and Health Administration (OHSA), the Mine Safety and Health Administration (MHSA), or similar state law.</p>
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<p>See: <a href="https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html" rel="noreferrer">HIPAA Privacy Rule</a></p>
<p>In plain English... A covered entity (Walgreens) is allowed to use and disclose your PHI without your authorization to public health authorities for controlling and preventing diseases. Additionally, they are allowed to receive this information for the purposes of adverse event recording (reactions to shots), tracking of products (tracking of shots), and notifying you of issues related to the product you were given.</p>
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<p>Is this legal, and can the State be indicted for breach of privacy?</p>
</blockquote>
<p>Yes, this is legal, and no, the State cannot be sued for it.</p>

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