< I never "voluntarily" provide confidential/customer information unless "compelled" to do so by a court order.>
Luckily, I work for a municipality so am covered by the state's current Privacy laws which says customer PII is confidential. However, bear in mind that, although most state laws require disclosure to a "data subject" (i.e. a customer) that their PII has been requested or produced in response to a court order or subpoena, the PATRIOT Act does not allow this disclosure if the request is made by law enforcement or federal agencies under its umbrella. I did two research papers on privacy laws for the ARMA International Educational Foundation. They are available for free download at:
Requirements for Personal Information Protection Part 1: U.S. Federal Law http://www.armaedfoundation.org/pdfs/FederalPrivacy.pdf
Requirements for Personal Information Protection Part 2: U.S. State Laws
http://www.armaedfoundation.org/pdfs/Requirements_for_Personal_Information_US_States.pdf
Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
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-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Records Management Email
Sent: Monday, December 30, 2013 2:08 PM
To: [log in to unmask]
Subject: Re: [RM] Have any records manager ever been sent to prison? or is this topic forbidden?
As a records manager in charge of legalities (i.e. subpoenas duces tecum), I never "voluntarily" provide confidential/customer information unless "compelled" to do so by a court order. It's a "tough" and narrow position, but the right one, given laws and rights afforded to the customer. Also, it's extremely important to "disclose" to the customer/patient that you've received a request or order to allow them to file for quash, etc.
Although I can empathize, the six hours in custody was probably the right move, considering the circumstances and potential ramifications. Nobody said our jobs were easy...
-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On Behalf Of Angela & Najib Fares
Sent: Friday, December 27, 2013 9:23 AM
To: [log in to unmask]
Subject: Re: Have any records manager ever been sent to prison? or is this topic forbidden?
OK, in my earlier career as a "contract" records manager in the psychiatric health care industry, I had a 14 y.o. dumped in my lobby by unrelated strangers which prompted me to call the police. Turns out, she was legally married in another state, but consent was not given by the custodial parent.
The "bride" requested a motion to quash and it was subsequently filed, which irritated the judge because I refused to "voluntarily" turn over medical records until I was ordered to do so by an official order the court. I spent approximately six hours in "custody" just waiting for the lawyers to argue the case. It was subsequently dismissed.
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