Michael J. Sacopulos, Esq.
Recently, we read of the release of approximately 15,000 individual’s (read more Fox News) private health information. These individuals happened to be involved in the “adult entertainment” industry.
Always one for public health, the adult film industry utilizes the “Adult Industry Medical Health Care Foundation” listing of performers current test results. The idea is that a film producer could check with AIM to determine if particular performer’s tests were up to date by accessing an on-line database. The database has both the aliases of performers as well as their actual names and the status of their STD test results. The NBC affiliate in Los Angeles, NBCLA, quotes spokeswoman Jennifer Miller of AIM Medical Associates, PC, as saying “I can’t stress enough, we are victims of a crime. Just like the pentagon and the FBI, we have been victimized and hacked. We are investigating and will press charges.”
First, it is a bit much for the AIM people to compare their organization to the FBI. Second, from the standpoint of the High-Tech Act and HIPPA, the victims are the performers whose personal health information has been illegally released to the general public. In the past year, enforcement efforts by the Office of the Inspector General have been stepped up and penalties for violation of federal privacy laws have increased. It will be interesting to see whether any federal action is taken on behalf of performers in the adult film industry.
While certainly illegal, I think the porn stars are freely allowing a full genital exam to the public. When you do that, you lose some of your privacy. That’s like an STD exam by itself…
The previous comment is illogical. Privacy rights to health records are not dependent on an individual’s occupation. This type of breach of patient privacy will be the norm under Obamacare if it does not get repealed.