Problem:
Section 164.512(f) has come under significant criticism by commentators who argue that it too broadly allows law enforcement officials to access health information. Other federal privacy statutes generally provide stronger protections to individual records that are held by a third party. For example, the privacy subscriber provision in the Cable Communications Policy Act requires: 1) "clear and convincing evidence that the subject of the information is reasonably suspected of engaging in criminal activity and that the information sought would be material evidence in the case;" and 2) "the subject of the information is afforded the opportunity to appear and contest such entity's claim." 47 U.S.C. § 551(h). Should cable subscriber records receive greater privacy protection from medical records? What factors may explain this outcome? If you support constraining law enforcement access under HIPAA, how would you propose to do so?