86 Minn. L. Rev. 1439 (2001-2002)
Personal Privacy and Common Goods: A Framework for Balancing under the National Health Information Privacy Rule

handle is hein.journals/mnlr86 and id is 1449 raw text is: Personal Privacy and Common Goods: A
Framework for Balancing Under the National
Health Information Privacy Rule
Lawrence 0. Gostint
James G. Hodge, Jr.tt
INTRODUCTION
On April 12, 2001, President George W. Bush approved the
Standards for Privacy of Individually Identifiable Health In-
formation (health data privacy regulations)' pursuant to a
congressional mandate in the Health Insurance Portability and
Accountability Act of 1996 (HIPAA).2 These regulations, prom-
ulgated by the Department of Health and Human Services
(DHHS), represent the first systematic national privacy protec-
tions of health information. They protect the privacy of indi-
vidually identifiable health records in any form (e.g., electronic,
paper, and oral) through access, use, and disclosure limitations,
fair information practices, and privacy and security policies.
t Professor of Law, Georgetown University Law Center; Professor,
Johns Hopkins Bloomberg School of Public Health; Director, Center for Law
and the Public's Health at Georgetown and Johns Hopkins Universities; Visit-
ing Fellow, Centre for Socio-Legal Studies, Oxford University.
tt Adjunct Professor of Law, Georgetown University Law Center; Assis-
tant Scientist, Johns Hopkins Bloomberg School of Public Health; Project Di-
rector, Center for Law and the Public's Health at Georgetown and Johns
Hopkins Universities.
The Authors would like to acknowledge the research assistance of Mira S.
Burghardt, J.D.; Gabriel B. Eber, M.P.H., J.D. Candidate, Georgetown Uni-
versity Law Center, 2004; and Marguerite Middaugh, BA.
1. See Press Release, President George W. Bush (Apr. 12, 2001), avail-
able at http'J/www.whitehouse.gov/news/releases/2001/04120010412-1.html;
Press Release, Secretary Tommy G. Thompson, Statement by HHS Secretary
Tommy G. Thompson Regarding the Patient Privacy Rule (Apr. 12, 2001),
available at http//www.hhs.gov/news/press/2001pres /20010412.html.
2. Health Insurance Portability and Accountability Act (HIPAA) of 1996,
Pub. L. No. 104-191, 110 Stat. 1936 (1997).

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