Medical Newsroom

Medical Privacy Issues In Today's World Also Take On International Implications

Canada and the nations of Europe are taking concrete steps to protect the confidentiality of computerized medical records. Our nation lags so far behind others in its protection of medical records that companies in Europe may not be allowed to send medical information to the United States electronically. European countries through an EU privacy directive are ensuring that private medical records are kept private. The EU prohibits the transfer of personal information from Europe to the U.S. if the EU finds U.S. privacy law inadequate. The implications for U.S. trade are staggering.

Many of us in this chamber quickly criticized the Social Security Administration and the IRS regarding the security of computer records. We blasted the IRS for allowing employees to randomly scan through our personal financial records.

If we are concerned about IRS employees looking at our tax records, shouldn't we be concerned about the millions of employers, insurers, pharmaceutical companies and others who have nearly unfettered access to the personal medical records of more than 250 million Americans?

For the American public, and for the Congress, this debate boils down to a fundamental question: Who controls our medical records, and how freely can others use them?

All of us are health care consumers every individual and every American family. As Congress works toward answering this question, the privacy interests of the American public will be at odds with powerful economic interests and with the penchant for large organizations and complex systems to control this kind of personal information. Wellfunded and sharply focused special interests often win in a matchup like this.

But I am encouraged that a variety of public policy and health professional organizations, across the political spectrum, are signaling their intentions to step forward to join forces with consumers during this debate.

Senator Bob Dole, the former majority leader of the Senate, put his finger on this problem when he observed that a "compromise of privacy" that sends information about health and treatment to a national data bank without a person's approval would be something that none of us would accept.

Unfortunately, this nightmare that Senator Dole envisioned is being brought to life by provisions insisted upon by the House in last year's health insurance portability bill that require a system of health care information exchanges by computers and through computer clearinghouses and data networks.

Now we are confronted with the fact that the computerization of health care record provisions are going into effect in the next few months but we are still contemplating the delay of promulgating privacy protection until August of 1999, unless Congress acts sooner.

To address the issue of health information privacy, today I have introduced the Medical Information Privacy and Security Act (MIPSA). I have also added my support and cosponsorship to bills by Senator Snowe and Senator Daschle dealing with discrimination based on genetic information.

The core principle that guided me in drafting my bill is that health care computerization will only be supported by the American people if they are assured that the personal privacy of their health care information is protected. In fact, without the confidence that one's personal privacy will be protected, many will be discouraged from seeking medical help. These are among the serious problems being created by requiring a system of computerized medical information without effective privacy protection.