Sunday, February 22, 2009

HIPAA Issue and Court....4/11

One of the issues that the lawsuit against the blog (and me, by default) pressed was HIPAA. But, as a result of the lawsuit, the blog has been gone over systematically by numerous agencies and individuals, looking to prove (or disprove) the case. Since I haven't heard from the government (under whose purview that falls), nor any individual whose PI might have been identified, it would seem that dog don't hunt.... Any related information that I might have received that could have remotely been considered a disclosure seemed more from the individuals themselves, or family, and I've been fairly reluctant to even put that out if it was identifiable.

Comments themselves, without going through a fair amout of trouble (even then it comes to best guess), are anonymous, so justification of making me disclose the identity of the contributors becomes moot. I've only gone through the trouble once, and that was for that stalker I had for a while.

I wonder if a statment for the court could be procurred from the administration of blogger.com to that effect...sure would take some of the wind out of Essent's sails.

That leaves defamation causing financial loss. I liked the comment from another post: That I might have kept Essent from over-extending (kind of like what Hud did with ARCON, too big, too fast). I don't know that I like the idea that I, by default, kept Essent going, but it could be possible. Who's to say that it was just the economic down-turn that did it?

As to false statements, they really don't want someone going through those areas in their records. Especially emails. And, if they somehow lost some of the emails, I would imagine that there have been enough IT people dismissed that might be able to shed light in that area--like where the manditory backups are, or maybe a copy they kept of the email server log. Honor bright!

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