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My niece worked for our clinic and she had her own gmail account

 
D. WINOGO ESQ.'s Avatar
  • Answered by:D. WINOGO ESQ.
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Customer Question

My niece worked for our clinic and she had her own gmail account so she added the business account to it. It XXXXXX@XXXXXX.XXX   it was put on the Dr.'s web site---paperwork---etc. She got fired and she continued to access the business e-mail account from her home--claiming it was on her account so she had every right to still use it. Now this e-mail account even tho it was under her account still had the business name and contained patient e-mails---etc. Can she legally do this?

Submitted: 1029 days and 8 hours ago.
Category: Legal
Value: $9
Status: CLOSED
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Expert:  D. WINOGO ESQ. replied 1029 days and 5 hours ago.

No she cannot. By accessing patient's emails, such actions constitute a violation of the HIPAA act.

Customer replied 1029 days and 4 hours ago.

so basically when she left her job-she had to delete the business e-mail from her account and not access it from her home---right?

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Expert:  D. WINOGO ESQ. replied 1029 days and 4 hours ago.

Correct. Plus, she can be sued for trespass.

Expert TypeAttorney
Pos. Feedback: 98.6 %
Accepts: 3900
Answered: 7/28/2009

Experience: 10+years of experience in all matters of civil litigation and Hearing Officer/Arbitrator

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