this post was submitted on 14 Sep 2023
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Wouldn't that be PHI disclosure in some fashion? I smell hyenas turning on each other and lawsuits blazing.
~~No, HIPAA only applies to people who work in the health sector or are associated with it. Anyone else, including journalists and media people don't have to follow these rules. They can talk about the healt status of others as they please. The only concern would be defamation but that's also only an issue if the statement is false.~~
While HIPAA doesn't apply in this case, it's irrelevant. It could still be considered Publication of a Private Fact which is punishable under US law.
It's unlikely this would be successful but there is enough grounds for a lawsuit to not be thrown out immediately.
Is it still a private fact when Fox News has (or at least had in 2021) a well-publicized vaccine requirement for employees?
I don't think so. I also don't think that a reasonable person would be offended by having their vaccination status disclosed. So winning a potential lawsuit would be unlikely.
But I think there is enough grounds to at least have it go to trial. While claiming a HIPAA violation wouldn't even make it that far since it doesn't apply here.