Hospital Wants Critical Blogger's Anonymity Ended 181
rs232 sent in a link to this story about one's right to privacy, which opens: "An unlikely Internet frontier is Paris, Texas, population 26,490, where a defamation lawsuit filed by the local hospital against a critical anonymous blogger is testing the bounds of Internet privacy, First Amendment freedom of speech and whistle-blower rights."
wellll accttualllyyy (Score:5, Informative)
It's in TFA. (Score:3, Informative)
Can someone file a lawsuit and have your anonymity removed
A judge will have to "judge" whether the statements are libel or not.
Re:HIPAA Violation! (Score:2, Informative)
I also think the best defense to anything said by an anonymous blogger about a corporation is for the corporation to post their own statements, not to sue for defamation, at least not until other avenues have been exhausted. Open dialog and fight bad speech with more speech, not with actions that could be interpreted as an attempt to silence whistle-blowers or retaliate against what might be valid criticism. This is likely to call more attention to the claims (compounding the damage if they are false) and lead even more area residents to question the hospital's reputation.
Re:wellll accttualllyyy.... No. (Score:3, Informative)
I've read TFA, and went beyond that to find the blog (the paris site blogspot [blogspot.com] and google a little on Essent Healthcare.
I did not see anything suggesting a violation of HIPAA on the web site (my background includes several years as the Information Security Officer for Nursing Service at a largish hospital: I'm reasonably familiar with HIPAA requirements). There is nothing illegal about a third party discussing the particulars of someone's treatment at a hospital, even when that includes information that could allow someone to identify the patient. It is illegal for a hospital or healthcare professional to release identifying information, even unintentionally, but if that occurred here, it would have occurred before the blog posted about it.
In other words, if there was such a violation, it would have involved the hospital employee who leaked the data to the blogger, not the blogger or the blog. HIPAA governs healthcare providers and the policies and procedures they use: its scope does not extend to information that has gotten out into the wild.
If the hospital had adequate information security and HR policies in place, the alleged leak could not have occurred without triggering flags that would identify the staff person who leaked the information. Essent's pursuit of this blogger on the basis of HIPAA violations is a tacit admission that they are negligent— not exercising due diligence— regarding confidential information. Maybe they need to spend more money on paper shredders, enforce policies about logging out of the system when leaving a workstation unattended, disallow corporate officer access to confidential patient files, and so forth.
A noteworthy tidbit is that Essent Healthcare is a small part of the Healthtrust Purchasing Group [healthtrustpg.com], which seems to be buying up hospitals and clinics all over the country for the purpose of making profits. This is capitalism at its finest, but it does mean that improving patient care is no longer the highest concern of those running the show.
Re:All true but so what (Score:5, Informative)
It's funny you say that. Mere anonymous speech is, in fact, protected. If there is something more to it, e.g. libel, then the anonymity might be lost, but otherwise it is as protected by the First Amendment as any other speech.
Here is what the Supreme Court had to say on the subject in Talley v. California, 362 US 60 (1960) (internal citations omitted):
Again, sometimes it is necessary to pierce anonymity. But not all the time.
Re:The hospital should be investigated then. (Score:3, Informative)
Considering libel is a civil matter, arrest would be improper. Lawsuit, on the other hand...
Read the blog yourself. (Score:3, Informative)