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this post was submitted on 04 Jan 2024
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I'll copy my reply to the above, but add that someone who has the key to encrypt a broadcast doesn't necessarily have a need to receive private health information. Law enforcement officials may receive protected information if they need it in the course of their duties. Private health information should only be shared in a secure communication, but encrypting the broadcast doesn't change the fact that
This is like HIPAA training 101 stuff. If you're a doctor at a hospital, you might be able to access any patient's records. But if you peek at a celebrity's serologies, you've violated HIPAA. Broadcasting on an encrypted channel would be like posting test results in a locker room and arguing that it's OK because only doctors have a key to the room. Having access to information is not the same as needing access to information, regardless of whether everyone has their paperwork in order.
https://www.hhs.gov/hipaa/for-professionals/privacy/laws-regulations/index.html
Ok, I think I see where our disagreement is. Would you agree that an encrypted broadcast is ok if you encrypt the sensitive information with a key that is only accessible to the specific individuals who need it? Not that I see any advantage to doing so—it's just a hypothetical scenario.