The law protects the confidentiality of certain information.
Confidentially requirements exist in many professional relationships. For example, educational institutions may not share student records without consent. Health care professionals must secure the privacy of medical records. Financial institutions may not make unauthorized disclosures regarding their customers. Legal problems arise when confidential relationships are violated. Misunderstanding regarding the extent and legal definitions of confidentiality can also lead to problems.
Confidentiality Versus Privilege
People often misunderstand the difference between confidential information and privileged communications. Practical problems can be avoided by recognizing the distinction involved. Privileged communications only attach to conversations with attorneys, medical professionals and clergy. Privileged communications may not be divulged even through a subpoena. Confidential information is subject to civil and criminal subpoena power. Parties should understand personal information given to parties, such as accountants, real estate agents, and bankers must disclosed if ordered by subpoena.
Health Care Confidentiality
The Health Insurance Portability and Accountability Act (HIPAA) requires health care professionals keep patient information confidential and secure. Patients must consent to the release of their medical records to any party other than the Department of Health and Human Services. A health care professional who violates HIPAA may face serious, legal problems. Penalties for HIPAA violations include federal criminal fines of $50,000 and one year imprisonment.
Confidentiality in Education
The Family Educational Rights and Privacy Act (FERPA) requires educational institutions keep student records confidential. Parents are granted rights to access records for their minor children. Students who have suffered a breach of confidentiality covered under FERPA may file a formal complaint against the offending institution with the Family Compliance Office of the Department of Education.
Banks and Customer Privacy
Financial institutions are subject to the Gramm-Leach-Bliley Act. This law prohibits financial institutions from sharing non-public, customer information with third parties. A bank customer whose personal information has been improperly shared may file a formal complaint with the Federal Trade Commission. Violators of the Gramm-Leach-Bliley Act can face fines of $100,000 and five years imprisonment.
