ARANILLA, HANAKO S.

HOMEWORK IN BIOETHICS

LOCAL DATA PRIVACY ACT versus HIPAA OF THE US

REPUBLIC ACT NO. 10173

This Act shall be known as the “Data Privacy Act of 2012”. It is the policy of the State
to protect the fundamental human right of privacy, of communication while ensuring
free flow of information to promote innovation and growth. The State recognizes the
vital role of information and communications technology in nation-building and its
inherent obligation to ensure that personal information in information and
communications systems in the government and in the private sector are secured
and protected.-National Privacy Commission

Healthcare Insurance Portability and Accountability Act (HIPAA)

The Health Insurance Portability and Accountability Act of 1996 (HIPAA), Public Law
104-191, was enacted on August 21, 1996.

Originally proposed in 1996 in order that workers could carry forward insurance and
healthcare rights between jobs, our HIPAA simplified history shows the Act has since
expanded into an act of legislation that also governs health insurance fraud and tax
provisions for medical savings accounts, and ensures acceptance of workers with
pre-existing conditions into occupational healthcare insurance schemes. Primarily,
however, HIPAA concerns the privacy and security of patient health information.-HIPAA
JOURNAL

SIMILARITIES:

1. What information is protected

“Individually identifiable health information” is information, including
demographic data, that relates to:
• the individual’s past, present or future physical or mental health or condition,
• the provision of health care to the individual, or
• the past, present, or future payment for the provision of health care to the
individual,
and that identifies the individual or for which there is a reasonable basis to
believe it can be used to identify the individual.13 Individually identifiable
 health information includes many common identifiers (e.g., name, address,
birth date, Social Security Number). -HHS.GOV

2. Criteria for Lawful Processing of Personal Information

The importance of consent from the data subject.

3. Security of Sensitive Personal Information and Privileged Information.

All sensitive personal information maintained by the government, its agencies
and instrumentalities shall be secured, as far as practicable, with the use of the
most appropriate standard recognized by the information and communications
technology industry, and as recommended by the Commission-National Privacy
Commission

4. Disclosure of information if required by law

Covered entities may use and disclose protected health information without
individual authorization as required by law (including by statute, regulation, or
court orders).-HHS.GOV

SEC. 13. Sensitive Personal Information and Privileged Information. – The

processing of sensitive personal information and privileged information shall
be prohibited, except in the following cases:
(f) The processing concerns such personal information as is necessary for the
protection of lawful rights and interests of natural or legal persons in court
proceedings, or the establishment, exercise or defense of legal claims, or when
provided to government or public authority. National Privacy Commission

5. Principle of Accountability.

Each personal information controller is responsible for personal information

under its control or custody, including information that have been transferred to a
third party for processing, whether domestically or internationally, subject to
cross-border arrangement and cooperation. National Privacy Commission
 DIFFERENCES:

1. Tax-related provisions
HIPAA provides for certain deductions for medical insurance, and makes other
changes to health insurance law. Our Local Data Privacy Act does not have this
provision.

2. Portability of the Act

In addition to protecting patients' privacy, HIPAA also limits the ability of a new
employer plan to exclude coverage for pre-existing conditions. This means a
person who has health insurance coverage can change jobs -- and therefore
health plans -- without worrying that a condition they already have, such as
diabetes or asthma, would not be covered under the new health plan.
HIPAA also prohibits discrimination against employees and their family members
based on health histories, previous claims, and genetic information, according to
the Department of Labor.

3. Coverage of the Privacy Rule

HIPAA primarily covers the health industry.
The Privacy Rule, as well as all the Administrative Simplification rules, apply to
health plans, health care clearinghouses, and to any health care provider who
transmits health information in electronic form in connection with transactions
for which the Secretary of HHS has adopted standards under HIPAA

REFLECTION

DATA PRIVACY is important for the current medical system to develop and
maintain the trust between doctor and patient. If patients have trust in their
healthcare provider, that the information they will share (which are mostly very
sensitive and embarrassing) are kept in utmost privacy, they will be comforted
and they will not withhold information that may be critical for their health care.