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Privacy Policy

A legal disclaimer

Visitors should not submit medical records, psychiatric records, identifying information about third parties, or confidential legal documents unless they understand the risks of submitting that information through a website.

Privacy Policy - the basics

Because this Website addresses medical privacy, psychiatric confinement, civil liberties, legal proceedings, and alleged professional misconduct, we recognize that information submitted to or published by the Website may be particularly sensitive.

1. Purpose of This Privacy Policy

This Privacy Policy is intended to provide transparency regarding the handling of information associated with the Website.

The Website is primarily an educational, informational, research, and advocacy project concerning medical privacy, patient rights, civil liberties, psychiatric confinement, professional accountability, and related legal issues.

Nothing in this Privacy Policy should be interpreted as creating an attorney-client relationship, doctor-patient relationship, therapist-patient relationship, or other professional relationship.

2. Information You May Voluntarily Provide

You may voluntarily provide information when you:

  • Contact the Project;

  • Submit a question or comment;

  • Submit information concerning a potential privacy or civil-liberties issue;

  • Provide documents or other materials for consideration;

  • Subscribe to communications, if such a feature is offered;

  • Participate in surveys or other Website activities; or

  • Otherwise communicate with the Project.

Depending on how you interact with the Website, voluntarily submitted information may include your name, email address, telephone number, correspondence, documents, photographs, medical information, legal information, or other information you choose to provide.

Please do not submit information that you do not want the Project to receive.

3. Sensitive Medical and Legal Information

The Project concerns subjects that may involve highly sensitive information, including:

  • Medical records;

  • Psychiatric records;

  • Mental-health information;

  • Diagnoses and treatment information;

  • Hospitalization records;

  • Prescription information;

  • Communications between patients and physicians;

  • Legal filings;

  • Court records;

  • Police or emergency-response records;

  • Information concerning alleged professional misconduct; and

  • Information concerning disputes between individuals.

Visitors should exercise particular caution before submitting such information.

Do not submit another person's medical, psychiatric, legal, financial, or identifying information unless you have the legal authority to do so.

The Website is not intended to function as a secure medical-record repository, electronic medical-record system, attorney document-management system, or confidential clinical communication system.

4. Information Published on the Website

The Project may publish educational materials, legal research, case studies, timelines, documents, summaries, allegations, and other information relating to medical privacy and civil liberties.

Where the Project discusses particular individuals or events, the Project intends, where appropriate, to distinguish among:

  1. Personal observations;

  2. Statements attributed to other individuals;

  3. Documentary evidence;

  4. Public records;

  5. Legal allegations;

  6. Legal arguments;

  7. Questions requiring further investigation; and

  8. Adjudicated findings.

Allegations should not be interpreted as established facts merely because they appear on the Website.

The Project may redact names, addresses, telephone numbers, medical identifiers, financial information, or other identifying information where appropriate.

5. Information Concerning Third Parties

The Website may contain information concerning individuals who are not Website visitors.

Where the Project discusses third parties, it seeks to present information responsibly and to distinguish allegations from established findings.

If you believe that information concerning you has been published inaccurately, improperly, or without appropriate redaction, you may contact the Project using the contact information provided on the Website.

The Project will review such requests in light of applicable law, the public or private nature of the information, the source of the information, the purpose of publication, and the Project's educational and advocacy purposes.

6. Automatically Collected Information

Like many websites, the Website may automatically receive certain technical information when visitors access it.

Depending upon the Website's hosting provider, software, analytics services, and configuration, this may include:

  • IP address;

  • Browser type;

  • Operating system;

  • Device type;

  • Approximate geographic information;

  • Referring website;

  • Pages visited;

  • Date and time of access;

  • Time spent on pages;

  • Website navigation information; and

  • Technical information concerning the connection to the Website.

This information may be used for purposes such as maintaining Website security, diagnosing technical problems, understanding Website traffic, improving the Website, and preventing abuse.

7. Cookies and Similar Technologies

The Website may use cookies or similar technologies.

Cookies may be used for purposes including:

  • Website functionality;

  • Security;

  • Remembering preferences;

  • Understanding Website usage;

  • Analytics; and

  • Improving Website performance.

Depending on the Website's configuration, third-party services may also place cookies or similar technologies on a visitor's device.

You may be able to control cookies through your browser settings. Disabling certain cookies may affect Website functionality.

8. Analytics

The Project may use website analytics services to understand how visitors use the Website.

Analytics information may include pages visited, approximate geographic location, browser/device information, referring sources, and Website activity.

Analytics are intended to provide aggregate or statistical information about Website usage rather than to identify individual visitors unnecessarily.

The specific analytics services used by the Website may change over time.

9. How Information May Be Used

Information received through the Website may be used to:

  • Respond to communications;

  • Operate and maintain the Website;

  • Investigate technical problems;

  • Protect the security of the Website;

  • Evaluate Website usage;

  • Conduct research;

  • Develop educational materials;

  • Investigate issues concerning medical privacy and civil liberties;

  • Evaluate information voluntarily submitted to the Project;

  • Prepare advocacy or educational materials;

  • Communicate with individuals who contact the Project; and

  • Comply with applicable legal obligations.

Information will not be used for purposes materially inconsistent with the purpose for which it was submitted without appropriate consideration of applicable law and the circumstances.

10. Disclosure of Information

The Project does not intend to sell visitors' personal information.

Information may nevertheless be disclosed in circumstances including:

A. With Your Permission

Information may be disclosed when you expressly authorize or request disclosure.

B. Service Providers

Information may be accessible to companies or individuals providing technical services to the Website, such as hosting, website administration, email, security, analytics, or other technical services.

Such providers may process information only as necessary to provide their services.

C. Legal Requirements

Information may be disclosed when the Project reasonably believes disclosure is required by law, legal process, subpoena, court order, governmental request, or other lawful authority.

D. Protection of Rights and Safety

Information may be disclosed when reasonably necessary to protect the rights, property, security, or safety of the Project, Website visitors, or others, subject to applicable law.

E. Public or Published Information

Information that a visitor voluntarily submits for publication may become publicly available.

Visitors should therefore assume that anything expressly submitted for publication may be viewed, copied, indexed, archived, or redistributed by third parties.

11. No Guarantee of Confidentiality for Website Communications

Unless the Website expressly identifies a particular communication method as confidential and technically secured for that purpose, visitors should not assume that communications sent through ordinary email, contact forms, comments, or other Website functionality are confidential or privileged.

The Internet is not a completely secure communications environment.

If you are communicating with an attorney, physician, therapist, or other professional, you should use the secure communication system provided by that professional rather than assuming that communication through this Website creates a protected professional relationship.

12. No Attorney-Client or Medical Relationship

The Website provides educational and advocacy information.

Submitting information to the Project does not create:

  • An attorney-client relationship;

  • A doctor-patient relationship;

  • A therapist-patient relationship;

  • A fiduciary relationship; or

  • Any other professional relationship.

Information appearing on the Website should not be treated as individualized legal, medical, psychiatric, or other professional advice.

13. Children's Privacy

The Website is not directed toward children under the age of 13.

The Project does not knowingly seek to collect personal information from children under 13.

If you believe a child has provided personal information through the Website, please contact the Project so that the matter can be reviewed and, where appropriate, the information can be deleted.

14. Data Security

The Project takes reasonable measures intended to protect information within its control against unauthorized access, misuse, alteration, or disclosure.

However, no website, Internet transmission, email system, database, or electronic storage system can be guaranteed to be completely secure.

Accordingly, visitors should consider the sensitivity of information before submitting it electronically.

15. Data Retention

The Project may retain information for as long as reasonably necessary for the purposes for which it was collected, including:

  • Responding to communications;

  • Maintaining records;

  • Conducting research;

  • Preserving evidence;

  • Maintaining Website content;

  • Protecting legal interests;

  • Complying with legal obligations; or

  • Resolving disputes.

Retention periods may vary depending upon the nature of the information and the circumstances in which it was received.

16. Requests Concerning Personal Information

Depending upon applicable law, you may contact the Project to request information concerning personal information you believe the Project maintains about you.

Requests may include:

  • Asking whether information concerning you is maintained;

  • Requesting correction of inaccurate information;

  • Requesting deletion where appropriate;

  • Requesting removal of information voluntarily submitted by you; or

  • Raising a concern about the publication of personal information.

The Project may need additional information to determine whether a request concerns the requesting individual and whether the requested action is legally or technically possible.

The Project may decline a request where retention or publication is reasonably necessary for legal, evidentiary, security, journalistic, educational, archival, or other legitimate purposes, or where applicable law permits or requires retention.

17. Medical Information and HIPAA

The Project is not itself representing that it is a HIPAA-covered entity or business associate merely because the Website discusses HIPAA, medical privacy, or health information.

HIPAA applies to particular covered entities, business associates, and circumstances. Not every person or organization that possesses medical information is subject to HIPAA in the same manner.

The Website's discussion of HIPAA is educational and should not be interpreted as a determination that any particular disclosure constitutes a HIPAA violation.

18. External Websites

The Website may contain links to external websites, including governmental agencies, courts, medical institutions, legal resources, academic sources, news organizations, and other organizations.

The Project does not control those external websites and is not responsible for their:

  • Privacy policies;

  • Security practices;

  • Content;

  • Cookies;

  • Data collection;

  • Data retention; or

  • Other practices.

Visitors should review the privacy policy of any external website before providing personal information.

19. Public Records

Some information discussed or linked through the Website may originate from public records, court filings, governmental documents, published decisions, or other publicly accessible sources.

The fact that information is publicly available does not necessarily mean that every use, reproduction, or republication is appropriate in every circumstance.

The Project may therefore exercise discretion concerning whether and how information is reproduced, summarized, redacted, or linked.

20. Legal Proceedings and Evidence Preservation

Some materials maintained by the Project may relate to ongoing or anticipated legal proceedings.

Where appropriate, information may be retained for purposes of preserving evidence, documenting events, responding to legal proceedings, or protecting legal rights.

A request to delete information does not necessarily require deletion where the information is subject to a legal hold, evidentiary preservation obligation, court order, or other applicable requirement.

21. Changes to This Privacy Policy

The Project may update this Privacy Policy from time to time.

When changes are made, the revised policy will be posted on this page with an updated effective date.

Visitors are encouraged to periodically review this page.

22. Contact

Questions, concerns, privacy requests, or requests concerning information published on the Website may be directed to the contact information provided on the Website's Contact page.

When contacting the Project about a privacy concern, please provide enough information to identify the relevant page or material, but do not send additional medical records or sensitive personal information unless necessary.

23. Important Notice Concerning Submissions

Please think carefully before submitting sensitive information.

Do not submit:

  • Social Security numbers;

  • Financial account information;

  • Passwords;

  • Medical-records numbers;

  • Insurance identification numbers;

  • Full psychiatric records;

  • Information concerning another person's medical condition;

  • Children's identifying information;

  • Confidential attorney-client communications; or

  • Other highly sensitive information

unless you understand the risks and have a legitimate reason to provide it.

If you believe a document is relevant to an investigation or legal proceeding, preserve the original document and consider consulting qualified legal counsel before submitting it to the Project.

24. Governing Principle

The Medical Privacy and Liberty Project seeks to promote transparency, patient privacy, individual liberty, and accountability while respecting the rights and privacy interests of individuals discussed in its materials.

The Project's publication of allegations, legal theories, or investigative questions should not be interpreted as a determination that a particular person committed a crime or professional violation.

Allegations are allegations. Evidence should be evaluated independently. Legal conclusions should be made by the appropriate courts, regulators, or law-enforcement authorities.

3

Medical Privacy & Confidentiality

  • Medical records

  • Third-party disclosures

  • Authorization and exceptions

  • Collateral communications

  • Professional confidentiality

  • What patients can do when they believe information was improperly disclosed

2

The Role of Collateral Information

Who communicated information to the hospital?
What information was communicated?
Was it independently verified?
Did it affect the evaluation or duration of confinement?

1

Why this site exists

Psychiatric and medical authority can protect people in genuine emergencies, but extraordinary powers also require safeguards. Your existing materials make that distinction explicitly.

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