I haven't seen anyone touch directly on this issue, so I will mention it here. Specifically, there are federal and state laws and regulations governing the release of health-related information on patients or clients. Further, each health-related profession normally has its own set of guidelines which conform with those laws and regulations. Regarding USM, are the computers at the University Health Service, or at the University Counseling Center, or the various health-related training clinics maintained on campus (e.g., speech and hearing, psychology, marriage counseling) subject to confiscation, or can their contents otherwise obtained? Clients are ensured confidentiality when they make application for such services, and the provider specifies the conditions under which that confidentiality will not apply. Exceptions to the confidentiality-of-records policy are limited and clearly specified. Confiscation of computers and retriveal of emails is not normally one of those exceptions. Some clients might be very unhappy if correspondence containing their names or sensitive data were obtained without their permission. Client names and sensitive information is not for the eyes of the administration, or anyone else (except the client and the provider), without an appropriate release-of-information. This is a complicated, but potentially serious, issue with regard to the confiscation of faculty computers or emails.
quote: Originally posted by: lvn "This is exactly why, as an employee, and now as a person in the local community, I have never contemplated using the USM counseling services. "
This is one of the issues that came up in faculty senate and propelled the Senate to express its concern (twice) and ask that the technology security document be rewritten to include a bill of rights for users (since there is a "rights" section for the university (translate to "administration."
You can be very sure this issue is going to come up this week.
As a federal employee I can say that in my experience, it is not illegal for them to read anyones email. It is however usually thrown out as evidence unless all employess have signed something knowing that their emails may be read.
quote: Originally posted by: flyonthewall "As a federal employee I can say that in my experience, it is not illegal for them to read anyones email. It is however usually thrown out as evidence unless all employess have signed something knowing that their emails may be read. there's more to it, but thats the basis"
But I was not referring to reading the emails of federal employees. I was referring to the retrieval of confidential information of clients or patients. There are federal and state laws and regulations, as well as ethical guidelines, governing this. Nobody, except the patient and the service provider, has the right to see that confidential information except under some very specific circumstances. Those special circumstances are explained to the patient prior to the time the services are rendered. Nobody -- but nobody -- has the right to violate principles of confidentiality as applied to patients/clients. We are not talking about "evidence" as per your posting. We are talking about "patient rights." If the administration could tap in to patient/client records, then all training clinics on campus would have to shut down and, with them, the academic programs they support would close.
You are 100% right. Say that the administration monitored emails of an instructor at nursing. Nursing students email homework assignments to instructors that summerize their clinicals. That information includes how paitents were treated. This falls directly in line with what you are talking about. Even if they dont read emails that are titled "homework" they have gained "unauthorized" access to patient records.
And as for student patient records.. you are right about that too
quote: Originally posted by: flyonthewall "You are 100% right. Say that the administration monitored emails of an instructor at nursing. Nursing students email homework assignments to instructors that summerize their clinicals. That information includes how paitents were treated. This falls directly in line with what you are talking about. Even if they dont read emails that are titled "homework" they have gained "unauthorized" access to patient records. And as for student patient records.. you are right about that too"
You might want to be careful where you go with some of this stuff. If a student or faculty member is emailing patient information, they are probably violating privacy laws right there. Email is not a secure form of transmission, whether Southern Miss is monitoring it or some hacker somewhere.
agreed. let me state that I am not a nursing student, nor do I have any affiliation with any. And I have not looked at nursing students/teachers email to varify this.
Now that that is said.. Until now, they have expected privacy, escpecially when sending from a USM email address on campus, to another USM email address, because the student expects the infomation to stay on the local USM network. Im not sure how that works, it might be routed out and then back in..
But the point is that there is definately a problem.
I know that teachers are not allowed to email student grades for the reason that techie stated.
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RE: RE: RE: The Email debacle: another serious pro
quote: Originally posted by: Techie "You might want to be careful where you go with some of this stuff. If a student or faculty member is emailing patient information, they are probably violating privacy laws right there. Email is not a secure form of transmission, whether Southern Miss is monitoring it or some hacker somewhere."
This is correct. However, if a prospective patient emails the clinic to set up an appointment, there may be no "patient information" in the message but plenty of fodder for a malfeasant monitor. Once the monitor knows that the "target" has made such an appointment, especially for counseling, it would be small beans to walk over to the clinic at 2 AM with a pass key.
Anybody who uses counseling services, whether financial or psychiatric, provided by an employer is an idiot.