Mr. Pelosi was admitted to Parrish Medical Center for the treatment of a sexually transmitted disease. A pharmacy technician who had access to his chart did not comply with the HIPAA Privacy Rule, and joked with a hospital janitor about Mr. Pelosi's condition. Later, the janitor, working in Mr. Pelosi's hospital room, told Mr. Pelosi not to worry, because he himself had had the same condition at one time, and that the hospital would take good care of him. Mr. Pelosi asked him how he knew about his condition, and the janitor mentioned the pharmacy technician who told him. Infuriated at this breach of his privacy, Mr. Pelosi called his lawyer and told him to file a lawsuit against the technician. In your judgment, can Mr. Pelosi sue the technician?