Abstract

I will offer an environmental scan of ‘real life’ examples of privacy and security disasters, discuss recent developments at the federal and state levels, look at the latest evidence of patients’ expectations, and conclude with solutions.

The stimulus bill and healthcare reform require massive adoption of EHRs/HIT and data exchanges with very fast timetables for spending the funds. Despite strong new consumer rights and protections, the regulatory process has led to weakening, delaying, and eliminating consumer protections. So the billions will go to fund state and federal initiatives will not be trusted. Model-Ts are being bought, not electric cars, locking in dinosaur systems and technologies.

While industry and many staff in government agencies continue to actively oppose privacy rights and patient consent, the heads of several major agencies, including HHS , the FTC , and the FCC have stepped up to affirm an Administration-wide shift to individual control over personal information. Lawsuits are beginning. The public is getting more alarmed not less.

Will the US become the world’s most comprehensive surveillance state or will Americans wake up?