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    razerrae's Avatar
    razerrae Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 3, 2010, 08:44 AM
    Privacy Law Violation? HIPPA?
    I recently found out through a certain airline carrier legal department that they released limited information to a government agency about my account without an administrative or criminal subpoena. Mind, I have not committed a crime in any sense, but was subjected to scrutinizing by a former government agency after I filed several EEO's and a criminal complaint against the director of the agency. In short I was bothered by the report of the investigation from the agency that did not list any common factors like the who, what where when how, and why. The sad thing is that my attorney;s were bullied by the agency and never reviewed the report of investigation. Had they reviewed it, they would have found that the agency stated that they had confirmed information through the airline two days after talking to me. Now, what is strange is that the agency representatives had detailed documents of my AIRLINE information on the day I was interviewed. Obviously someone obtained detailed documents of my airline account prior to my interview and then was not forthcoming when preparing the ROI. I can not provide detailed information on names and agency, but do have an alter clause which allows me to request the open of my EEO cases if I find the agency operated without disregard of my civil rights and retaliation against me. I have two documents that reveal the agency never presented a subpoena to acquire my airline records but had them in their possession on day of interview. Second, the agency made a formal request and the airline provided limited information as they say. I do believe the federal agency obtained my airline privacy records illegaly and covered it up by bullying the airline to provide them with limited information. What recourse do I have?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
    Uber Member
     
    #2

    Sep 3, 2010, 08:51 AM

    You don't have any rights to complete privacy when you fly on an airline. Governments have the right to know who is on what flights and more info. If you don't like it, don't fly anywhere, take alternative transportation.

    This is required for the safety and protection of the airlines and the other passengers. They do NOT require a supoena to get that info.

    ALL Goverments have the right to deny flyover and landing rights to any airline or flight that does not comply with providing that information within the required time frame for every flight. Because it is NOT the same as Medical records HIPPA would apply to.

    Anyone who is concerned about what information can be found in such records, obviously has something they wish to hide. When you have flown, when and where and personal intentification information such as ID's, passport # etc... they have a right to.

    But in case there was a misunderstanding on the area of focus here,

    We are not talking employee human resources records as opposed to information gathered from booking and taking flights alone are we? That might make a difference if we knew what type of account records you are talking about.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Sep 3, 2010, 08:55 AM
    First, this has noting to do with HIPPA. As far as I can determine from your post, it's not health care related information. The airline isn't a health care provider in any case.

    To determine if there is an applicable privacy law violation, you would first have to find a privacy law that applies. There may be an exception to information provided to governmental agencies. Determine whether such exception requires some sort of a subpoena or court order. If it doesn't, I don't see how you would have a case.
    J_9's Avatar
    J_9 Posts: 40,298, Reputation: 5646
    Expert
     
    #4

    Sep 20, 2010, 05:45 PM

    HIPAA stands for Health Insurance Portability and Accountability Act.

    Since the above post has nothing to do with the doctor or health care provider releasing any medical information HIPAA was not violated.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    Sep 20, 2010, 06:07 PM

    Now that we have dispensed with any HIPAA issue here, I'm afraid we can be of little assistance. It would appear you are involved in certain things you can't really discuss. And without details we can't help.

    You apparently have a legal team and you need to work with them.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #6

    Sep 21, 2010, 04:21 AM
    Quote Originally Posted by ScottGem View Post
    You apparently have a legal team and you need to work with them.
    Hello r,

    Or FIRE them if they keep MISSING important stuff!

    excon

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