Can my wife legally email my medical information/history without my permission?

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Can my wife legally email my medical information/history without my permission?

My wife and I are separated (she initiated this). She lives in Argentina, while I am in the U.S. She has since emailed some of my medical history and information to some of my family members, as well as shown it to others in the community without my consent. Is this legal? Can I take action against her? What are my rights as far as this is concerned? Thank you for your time and help.

Asked on August 6, 2012 under Uncategorized, Georgia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am not sure to whom she has shown the information but here is the issue. The issue is where she lives. If she does not live in the United States, is not a resident of the United States, the laws may not apply to her. Furthermore, if she has been a signatory to your medical bills. or been someone to whom you have shared medical information legally through disclosure documents, then you may have lost the privacy rights to medical disclosures. HIPAA violations can be complex but a) you need to show damage through these disclosures and b) that she has violated HIPAA or other common law privacy laws.


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