kaiserfraud ([info]corphq) wrote,
@ 2005-03-14 18:08:00
Previous Entry  Add to memories!  Tell a Friend  Next Entry
Entry tags:kaiser lawsuit, kaiser permanente

Kaiser Notice of Legal Action
This evening Kaiser lawyers sent me notice of a March 16 hearing for a restraining order. At least I think that's what it is. I received the notice via tonight at 6:00pm.

I'm confused about several aspects of this notice. First, it's not clear whether I'm required to show up at the hearing or not. Second, the notice says I'm supposed to respond to Kaiser's attorneys tonight if I "plan to oppose". Note I received the notice at 6:00pm, so the timeframe is very short.

It seems to me that if I planned to show up for a hearing, I should be informing the court, not contacting Kaiser attorneys. The short timeframe makes me think the attorneys are trying to trick me into calling them so they can intimidate me. On the other hand, I don't want to miss anything I'm actually supposed to do for the court.

If there is an attorney out there who would like to represent me, now would be a good time to speak up.

Sigh. Looks like I have a long night of research into legalese ahead.


Update: Finally a blogger recognizes the real issue: The lesson here is that if you discover that your company negligently exposes personal customer information, YOU will be attacked for exposing their mistakes!

http://www.freedomisslavery.info/index.php?cat=5

One of the reporters I talked to today even asked why I kept posting the evidence when it would just get me in more and more trouble. I keep asking why isn't Kaiser in trouble? This is baffling me. I get the point that no one cares about all the crap Kaiser put me through personally, but why aren't the 140 people who have now been informed that their medical information was posted online demanding to know who posted it in the first place and why Kaiser didn't give them the courtesy of calling them when the Systems Diagrams were quietly removed - after being online for over a year. I don't think people realize that if these were training documents for offsite (and possibly non-U.S.) consultants, as I believe they were, then the trainees all read these documents. They may have even printed them out for training binders.

And Kaiser has been trying to convince Congress that they should take a leading role in the development of a national Electronic Medical Record (or at least they should should get to profit from re-selling the one they have packaged with Kaiser's own population management data). In my opinion, distributing diagrams of systems that partly constitute California's transitional EMR is an even bigger deal than the patient privacy issue. No one has been thinking about this at all. The federal government is in all likelyhood going to hand Kaiser all sorts of money to make a show of investing in EMR, and the money is going to go to a profoundly sloppy organization that lets part of their Intranet leak online to be indexed by Google and allows either employees or consultants in highly sensitive areas post system specs on a public web site! The federal government needs to start asking questions about whether Kaiser can back up its promises when they start bidding for EMR projects.

I'm sure Kaiser will end up with their restraining order, and when they do corporate power will prevail over the truth. Right now people can see for themselves if Kaiser's claim that 140 patients is true. I maintain Kaiser has inflated the figure so they can get the public and the media to help them stomp on a thorn in their side: a thorn they created through their own unethical behavior. Right now, even with the evidence still available, journalists have just been reprinting Kaiser's claims without verifying them. I bet the minute the System Diagrams are safely hidden away, Kaiser will start inventing details that will paint me as a Very Scary Person.




(4 comments) - (Post a new comment)

Contact the Diva
(Anonymous)
2005-03-15 03:58 pm UTC (link)
Diva, I'm a Bay Area journalist who would be interested in talking to you directly. Contact me via email at bunnerlover@hotmail.com and we can exchange phone numbers.

Thanks.

(Reply to this)

interview request from Computerworld
(Anonymous)
2005-03-15 04:10 pm UTC (link)
Hi Diva, I'm a reporter at Computerworld and I'd like to talk to you about this. Thanks Linda Rosencrance, 508-628-4734, linda_rosencrance@computerworld.com

(Reply to this)


(Anonymous)
2005-03-16 02:08 pm UTC (link)
Hi Diva,
As I understand this, you are correct in that Kaiser should be held responsible for posting PHI. The problem is that you are not the right person to be doing this. The injured parties (ie: the 140 people who's records were posted) and their representatives should be persuing this.

As I understand it, even though you found the information in a public arena, you do not have a legal right to re-post it. This is the same type of this with all the music sharing. Even if you found an MP3 on one site, you do not have a right to share this or post it elsewhere.

I think this is where they are going to nail you in regards to the C&D and TRO. The judge may even ask that you reveal all sites where you have re-posted the info.

(Reply to this) (Thread)


[info]corphq
2005-03-16 02:49 pm UTC (link)
I absolutely agree that the 140 people should be pursuing this - but how would they know to pursue Kaiser when Kaiser has been telling them that *I* posted their medical information to the web? Even if one of these people had independently discovered the system diagrams, I'm not sure they would have known to complain to Kaiser, much less the OCR about it. The site is mostly a bunch of system maps and screenshots.

I disagree that this the same as music sharing (though the judge may tell me otherwise). I see it as whistle-blowing. While some of the patients involved may have stumbled across the site eventually and perhaps even made some sort of formal complaint, I'm one of the few people who would be able to recognize the significance of the technical systems themselves. My hope has always been that while the general public might be more interested in the privacy issue, that they might use that as a stepping stone to see the technical security issue and how that relates to Kaiser's bid for leadership in national government-funded EMR projects. It takes someone who formally worked in the specific area I worked in at Kaiser to point this out.

At this point I am also concerned that the minute the evidence is no longer publicly available, people will think "information" means intimate details of their personal lives. I'm not able to judge whether the sort of information that was posted would actually bother the 140 people involved, but I do know that Kaiser would have either just left the information there forever or quietly removed it without telling anyone about the exposure if I had not been so persistent in pointing it out.

The judge may indeed ask me to reveal all sites. If he does, I will do my best to comply. However, I've been pointing the System Diagrams out since August, and I don't know who may have copied them from me. Similarly, no one knows who may have copied the site in the previous year - particularly if it was used for training.

One thing I would like to point out is that Kaiser has had the OCR complaint for a couple of months, yet they only went after me in the last week. I think that timing should be correlated to the fact I posted in my blog that Kaiser had lied to the OCR about being able to remove this information. People from Kaiser visit my site every day: I see them on my web site stats. I know those people include Kaiser investigators because sometimes they start calling my friends and acquaintances, usually posing as people who want to buy something. Because I posted a link to a copy of the System Diagrams, Kaiser is now worried that they will not be able to live up to their promise to the OCR. I hope the OCR realizes that even if Kaiser wins a restraining order against me, there is no way that Kaiser can guarantee that there are no other copies out there. Kaiser simply has no control over that.

(Reply to this) (Parent)


(4 comments) - (Post a new comment)

Create an Account
Forgot your login or password?
Login w/ OpenID
English • Español • Deutsch • Русский…