The Online Medical Records Trap

[David Farber <dfarber () cs cmu edu>]

Begin forwarded message:

From: Jeffrey Schiller <jis () MIT EDU>
Date: October 4, 2007 11:40:53 PM EDT
To: David Farber <dfarber () cs cmu edu>
Cc: Lauren Weinstein <lauren () vortex com>
Subject: Re: The Online Medical Records Trap

For IP if you wish...

I find this passage in the HealthVault privacy policy telling:

> Microsoft may access and/or disclose your personal information if we
> believe such action is necessary to: (a) comply with the law or legal
> process served on Microsoft; (b) protect and defend the rights or
> property of Microsoft (including the enforcement of our agreements);
> or (c) act in urgent circumstances to protect the personal safety and
> welfare of users of Microsoft services or members of the public.

Ok, (a) is the "we were subpoenaed" clause. Though it is interesting in
the way it was worded, they don't have to ensure the validity of the
subpoena, they just have to believe it is "necessary" to provide the
information.

(c) Is the National Security hook.

But (b) now that is interesting. Does that mean that if I bring an
action against Microsoft (say one of their updates damaged my computer
[yes I know the EULA probably means I hosed anyway... but for argument
sake]) they can peruse my medical records to "defend their rights?"

                        -Jeff

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Jeffrey I. Schiller
MIT Network Manager
Information Services and Technology
Massachusetts Institute of Technology
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jis () mit edu
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