Health Information Management

Disclosure for national security or intelligence activities

HIPAA Weekly Advisor, October 10, 2003

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Q: What are our duties if we are asked to disclose PHI for national security or intelligence activities?

A: A covered entity may disclose without authorization PHI to authorized federal officials for the conduct of lawful intelligence, counter-intelligence, and other national security activities authorized by the National Security Act (50 U.S.C. 401 et seq) and implementing authority (e.g., Executive Order 123333). Note that the authorizing laws may have changed as a result of federal homeland security legislation. Until HHS offers new information on this issue, you should always seek assistance from your counsel before releasing information for national security.

Q: What agencies would constitute "authorized federal officials"?

A: The HHS commentary in the privacy regulations states that authorized federal officials for national security could be from any of the following agencies:

  • The Office of the Director of the Central Intelligence Agency
  • The Office of the Deputy Director of Central Intelligence
  • The National Intelligence Council and other such offices as the Director may designate
  • The Central Intelligence Agency
  • The National Security Agency
  • The Defense Intelligence Agency
  • The National Imagery and Mapping Agency
  • The National Reconnaissance Office
  • Other offices within the Department of Defense for the collection of specialized national intelligence through reconnaissance programs
  • The intelligence elements of the Army, Navy, Air Force, Marine Corps, Federal Bureau of Investigation, Department of the Treasury, and Department of Energy
  • The Bureau of Intelligence and Research of the Department of State
  • Other elements of any other department or agency as may be designated by the President, or designated jointly by the Director of Central Intelligence and the head of the department or agency concerned, as an element of the intelligence community

    Note that many of these listed agencies may now be part of the Office for Homeland Security.

    Editor's note: Brought to you by attorneys Marty Baxter and Gretchen McBeath at Bricker and Eckler, LLP and The Quality Management Consulting Group, Ltd.. E-mail: mbaxter@bricker.com or gmcbeath@bricker.com



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