[imdegrandma]

My cell phone contains text messages from me to my doctor. My business has now confiscated my phone to see if I text during working hours. Is that a HIPAA violation? At this time, many people are looking at ALL my text messages.

[tickle]

I don't see this as a HIPAA violation. They are not specifically looking for inforrmation regarding you doctor's visits; just dates and times when you used your phone.

There is a way of accessing a mobile phone to see just dates and times of calls, but doesn't reveal the conversation.
Tick

[ScottGem]

No, its not a HIPAA violation, partially for the reasons Tickle stated and partially because YOU are the one revealing the info. Since you may have violated policies for cellphone use, you opened up this can of worms.

However, I question the company's rights to seize personal property. Unless this is a company issued cellphone, I don't know if they have the right to confiscate it.

[ebaines]

There is no HIPAA violation here, since HIPAA rules only apply to medical professionals. The one possibility for a potential violation here is if you had not authorized your doctor to use text messaging to communicate with you. But assuming that this is a company cell phone that's being investigated - presumably you were aware that the company maintains ownership of all communications made on company-owned devices and systems, and hence your authorization for the doctor to use text messaging to discuss medical info in esssence also authorized your company to have access to your medical info.

BTW - it would be the same sitiation if you used your corporate email address to communicate with your doctor. That would also automatically allow your employer to have access to your medical discussions with your doctor.