Has the code of confidentiality changed since 9-11?

Question

If it has can anyone explain exactly how to me...I am getting all sorts of biased answers from ppl I know saying that since 9-11 the gov. can basically access information on you at any time for any reason. The reason I ask is that I am interested in seeing a counselor at a guidance clinic (which is government funded I believe) and I have ppl telling me I should seek out a private counselor because there is no real confidentiality in government programs anymore. I was just wondering if this is true, I guess I dont even really care that much and will probably still go either way, but the suggestion did get me interested and I thought it may be worth knowing. So what exactly are the reasons that your personal information can be disclosed by a counselor these days?

Answer 1

After 9/11 -- the govt passed the Patriot Act -- which it then renewed and extended a couple years ago.

One of the provisions is the use of National Security Letters (NSL) to access information that is outside the scope of legal confidentiality -- library records, utility records, public school records, etc. -- the govt can get at any of these, usually without a warrant.

The example you gave -- confidentiality with a counselor -- is a fuzzy area -- because as part of your registration, you probably signed a waiver allowing the govt to access your records (check the fine print) -- but if you didn't, then any medical-related information (including mental health records) are protected by separate federal laws (HIPPA, etc.)

Answer 2

Well, you want to see a guidance counselor, probably for guidance, I would guess: why would the government care? Why would they use that against you? And if the doctor disclosed your information, you can sue him / her. If they can get access to that kind of information, I don't think being public / private or government run is going to make a difference.

It's my understanding that under no circumstances can any information you share with any doctor, including about illegal activities, can be revealed to anyone unless if it endangers you or another person's livelihood.

Answer 3

This issue came up at this ears convention of the American Psychiatric Association, or something similar in San Francisco, if I recall the news stories of the time.

I am certain the ethics would generally prevent disclosure to government agencies unless you are planning to blow up a bridge or something like that.

Different types of counselors have different ethics guidelines. It doesn't matter if they are employed by the govt or not, the ethics attach to the profession as a whole.

You can find the ethics on line for any profession, I am sure.

Answer 4

Attached is a standard psych privacy statement --- note that they tell you explicitly that the can and will disclose to law enforce and/or your employer anything THEY think will get them in trouble if they do not.

HIPAA is a joke --- it wss designed (by Clinton) to hide your medical records from you and children's medical records from their parents --- but nearly anyone else --- it is open season on them, provided the reader/requestor states the magic words.

HIPAA has major open doors for "law enforcement"

Read the law and look closely at the "Law Enforcement" provision. Also read the FCRA (Fair Credit Reporting Act) Sect 625-626 were added in 2001 or so.-

It would be a piss poor rookie who could not make a pretext for seeking someone's medical records.

If you read some of the anti-gun cites --- many are seeking to use "law enforcement" access to medical or psych records to ban a citizen from firearm ownership forever ---

If you do not care about your medical privacy --- think of your children's medical privacy. Read the last cite on how medical privacy can be used to control people.

The Dept of Energy --- or HSA now requires that anyone who enters a nuclear energy plant has to take a MMPI --- this test is subject to many problems but one or two wrong yes -- may cost you an engineering job --- remember the evaluator of your MMPI never meets you and you are just one out of 90 this day --- When you think of privacy and psychology and the concept of ethics, well should ROFLOL comes to mind.

Lastly, medical records as credit records are accurate until you prove that they are not --- however these data are not removed they are only noted as being disputed. Logic class -- can you prove a negative statement?