While social media may be utilized to connect people all over the world to raise money for charity or to persuade citizens to overthrow dictatorships, it may also be used to spread the most personal information for all to see. Recently, a 20-year old Ohio woman had her sexually transmitted disease diagnosis posted on Facebook by a hospital employee.
The Cincinnati Enquirer reported that an image of the victim's medical record showing her name and syphilis diagnosis was posted on Facebook to a group called "Team No Hoes" in 2013. This posting appears to be a federal HIPAA violation and it may also violate multiple Ohio state laws.
What is the value of the damage to one's reputation if their sexually transmitted disease diagnosis is posted online? The victim is a 20-year old female who may be unable to obtain employment or gain acceptance into college or graduate school because of this disgusting breach of her personal privacy. She may also be fired from her employment and/or discriminated against in other unsubtle and undetectable ways. In addition, the victim may have trouble getting a date and/or finding a mate due to this information being disseminated.
I am surprised that the hospital did not settle this matter out of court before it was filed. The reputational damage to the University of Cincinnati Medical Center may be steep. Will patients go to other service providers due to this incident? Will the hospital reach a settlement with the victim before it goes to trial? Does the hospital want a jury to even hear this case?
While I believe the new European "right to be forgotten" may be abused by child molesters, rapists, murders, politicians, etc...who may want to hide their criminal past, and it may be difficult to implement this new right, should victims of this type breach of their personal medical privacy be afforded the right to be forgotten in the United States?
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