LAFD Hiding Behind HIPAA

dovy6

Member
May 18, 2011
206
Brooklyn
Goddamn lawyers!


I was under the impression that anything I can hear on the radio (call location, call type) is public information and not covered by hippa. Is this not true?
 

dovy6

Member
May 18, 2011
206
Brooklyn
So if it turns out this it IS PHI, every single EMS agency across the nation will be required to change to an encrypted radio system?
 

bshockme

Member
May 26, 2010
60
Missouri
dovy6 said:
So if it turns out this it IS PHI, every single EMS agency across the nation will be required to change to an encrypted radio system?

No, this is incidental disclosure, and is permitted per the law. OCR has gone so far as to specifically say that entities have no duty to encrypt communications that can be intercepted by scanner.


Personally, I don't see how this could be construed as PHI, as it isn't personally identifiable, and likely didn't contain any health information other than that there was a medical call at an address. If it gave specifics of a patient, I could see that being an issue, but I don't believe this is the case.
 

dovy6

Member
May 18, 2011
206
Brooklyn
Gotcha, thanks.


Addresses are inherently public information, right? Otherwise how could you have a phone book. I agree with you, I dont see a call type and an address as PHI, but again I'm no lawyer...
 

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