Judge tells boyfriend to remove abortion billboard

christiefan915 said:
Yes. Because the people who knew them as a couple know her even if the billboard doesn't give her name.
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How far does that protection go? If my wife got an abortion am I not allowed to tell a friend 'my wife got an abortion' because it violate her privacy?
 
cawacko said:
How far does that protection go? If my wife got an abortion am I not allowed to tell a friend 'my wife got an abortion' because it violate her privacy?
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Telling a friend is different from posting the info on a billboard.

How much should a person's medical records be protected?
 
If I were a doctor and knew about her abortion through looking at her private medical records, I would be liable for divulging this information, because I would be violating privilege. However, if I knew about the abortion because she told me, and I broadcast it to the world, I would not. The mere fact that the information can also be had by looking at her records does not protect the information from being retold if the information is learned from another source. Even if she didn't tell him that she had an abortion, and he just assumed that she did, he wouldn't be liable unless it could be proven that he knew definitively that she hadn't had the abortion and said that she did anyway.

I think it may be illegal under harassment, but I don't know how the supreme court has ruled on such issues. It's not illegal under violation of privacy.
 
christiefan915 said:
Telling a friend is different from posting the info on a billboard.

How much should a person's medical records be protected?
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If I tell a reporter that I had an abortion, and he prints it, he's not going to be civilly liable for that. Even if I hadn't wanted him to print it, or he even explicitly told me that my statement was "off the record".
 
Watermark said:
There is pretty much zero protection for divulging private information. Many countries have laws preventing the media from naming rape victims; that is not possible in America due to the first (although no respectable news organization does). If I can name a rape victim without legal penalty, I imagine I can mention that someone has had an abortion.
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That's actually not true. In many states (including New Mexico where this happened), a person can be civilly liable for publicly disclosing private facts about a person that is not a public figure.
 
St. Vitus' Dance said:
It is the tort of public disclosure of private fact. The fact divulged would have to be 1.) extremely offensive to the reasonable person and 2.) not of legitimate public concern.
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whaddiahknow.....there was no such body of law when I went to law school back in the 70s.......interestingly, this is the first I've ever heard of it.....
 
PostmodernProphet said:
whaddiahknow.....there was no such body of law when I went to law school back in the 70s.......interestingly, this is the first I've ever heard of it.....
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The fact that what he posted is common political speech in combination with his first amendment right, and that he did not identify her personally, will give him the win-imo.
 
christiefan915 said:
Then to hell with HIPAA.

Your Health Information Is Protected By Federal Law

Most of us believe that our medical and other health information is private and should be protected, and we want to know who has this information. The Privacy Rule, a Federal law, gives you rights over your health information and sets rules and limits on who can look at and receive your health information. The Privacy Rule applies to all forms of individuals' protected health information, whether electronic, written, or oral. The Security Rule, a Federal law that protects health information in electronic form, requires entities covered by HIPAA to ensure that electronic protected health information is secure.
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He didn't need access to her health record, and he isn't a provider. HIPAA does not apply here.
 
Diggin' that hole deeper, are we? You have a history of faulty memory and attrocious observation skills. I think we'll go with Yurt's memory on this one...
 
Threedee said:
Diggin' that hole deeper, are we? You have a history of faulty memory and attrocious observation skills. I think we'll go with Yurt's memory on this one...
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you always were prone to bad choices.....the fact I don't recall ever being wrong isn't the result of a faulty memory.....it's the result of always being right.....
 
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