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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 116833
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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In 2014 my husband was considered missing and endangered due

Customer Question

In 2014 my husband was considered missing and endangered due to his medical condition. So a news release when out to all of the local media asking for people to notify authorities if anyone located him. However a local news paper release the details of his medical condition and it is all over the internet. Whenever anyone would google his name the details of his medical condition would surface. Because of this it has caused him to miss out on job opportunities, and other things. I am trying to figure out if there is anything that we could do about this and what our rights are. Please advised
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, HIPAA, the law protecting personal health information applies only to healthcare providers and healthcare insurers and not to police or news media. Thus, if the media reported his actual condition, legally I am afraid that if the information was truthful this is a difficult claim. For starters, while you might have at the time sought to sue for invasion of privacy for them publishing these private details, you had 1 year from the date of publication to seek to bring such a suit under the statute of limitations, but you could argue it is a continuing invasion of privacy because it appears on the internet, which is your only chance.
So at this point what you can do is write the company that is publishing the information and ask them to remove it from the internet and if they refuse you will pursue them for invasion of his privacy (as he is not a public figure). If they refuse, then you would need an attorney to sue for invasion of privacy to seek an injunction to remove the personal health information.