this post was submitted on 09 Feb 2024
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It's only illegal if you can't afford the fines. As businesses routinely prove, if your company is big enough they just budget for fines.
HIPAA fines are massive for now. So the cost risk doesn't work for them yet. But I'm sure some politicians will find a way to make it just the cost of doing business soon.
The other option is "It's too expensive to go after them." See: Taxes.
They will find a way around it. Maybe they will claim it doesn't count because it is tried to metadata and not an individual person.
HIPPA is no joke and companies actually don't fuck around with it. It's not worth it. It's one of the few pieces of consumer protection out there that has real teeth. Under HIPPA, you are expressly forbidden from using personal health information for anything unrelated to that patient's care, and companies can and are fined heavily for violating it.