Health Information Privacy Complaint (Page 7 of 8) in pdf

PROTECTING PERSONAL INFORMATION IN

COMPLAINT INVESTIGATIONS

To investigate your complaint, the Department of Health and Human Services’ (HHS)

Office for Civil Rights (OCR) will collect information from different sources. Depending

on the type of complaint, we may need to get copies of your medical records, or other

information that is personal to you. This Fact Sheet explains how OCR protects your

personal information that is part of your case file.

HOW DOES OCR PROTECT MY PERSONAL INFORMATION?

OCR is required by law to protect your personal information. The Privacy Act of 1974

protects Federal records about an individual containing personally identifiable information,

including, but not limited to, the individual’s medical history, education, financial

transactions, and criminal or employment history that contains an individual’s name or

other identifying information.

Because of the Privacy Act, OCR will use your name or other personal information with a

signed consent and only when it is necessary to complete the investigation of your

complaint or to enforce civil rights laws or when it is otherwise permitted by law.

Consent is voluntary, and it is not always needed in order to investigate your complaint;

however, failure to give consent is likely to impede the investigation of your complaint

and may result in the closure of your case.

CAN I SEE MY OCR FILE?

Under the Freedom of Information Act (FOIA), you can request a copy of your case file

once your case has been closed; however, OCR can withhold information from you in

order to protect the identities of witnesses and other sources of information.

CAN OCR GIVE MY FILE TO ANY ONE ELSE?

If a complaint indicates a violation or a potential violation of law, OCR can refer the

complaint to another appropriate agency without your permission.

If you file a complaint with OCR, and we decide we cannot help you, we may refer your

complaint to another agency such as the Department of Justice.

CAN ANYONE ELSE SEE THE INFORMATION IN MY FILE?

Access to OCR’s files and records is controlled by the Freedom of Information Act

(FOIA). Under FOIA, OCR may be required to release information about this case upon

public request. In the event that OCR receives such a request, we will make every effort,

Protecting Personal Information

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Health Information Privacy Complaint Page 7