[Infowarrior] - USG Soon Able To Access Foreign Medical Dossiers Due To Patriot Act

Richard Forno rforno at infowarrior.org
Fri Dec 7 07:46:50 CST 2012


US Government Agencies Will Soon Be Able To Access Foreign Medical Dossiers Due To Patriot Act

from the radical-transparency dept

The US Patriot Act has suddenly scared an entire nation, and it's not the US itself this time. The Netherlands is currently going nuts about the US government being able to request medical details of all its citizens when the Dutch Electronic Patient Database (EPD) is implemented next month. This will not be the only country that freaks out because of the Patriot Act, as this sort of thing is likely to happen a lot more often. A recent study explained that US government agencies can secretly request anyone's data if they are using a cloud-computing service which 'conducts systematic business in the US'. It is already sufficient when the service provider is somehow a subsidiary of a US company. 

That turns out to be a problem in the Netherlands, because the company that has developed the EPD and will be hosting the patients' data on its cloud computing systems is the US-based CSC. The Dutch government and the organization responsible for implementing the EPD are convinced there is no problem, because there are clear contracts which have assigned Dutch jurisdiction, and fortunately the Dutch have stringent data protection laws that will protect patients' sensitive data. Because that's what data protection laws do, right? 

False! At least with regard to information law, researchers from Amsterdam University warn that this analysis is way too simplistic. According to the scholars, it is quite possible the US government agencies can circumvent data protection laws and could easily request access to medical information of every single person in the Netherlands. The study doesn't just cover the Netherlands (though it is especially timely for that), but rather looks at how these risks may apply more globally. Here are just a few of the findings that should raise eyebrows across the globe ......

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http://www.techdirt.com/articles/20121201/12234021198/us-government-agencies-will-soon-be-able-to-access-foreign-medical-dossiers-due-to-patriot-act.shtml

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