Background
A new NIH initiative led by Robert F. Kennedy Jr. is collecting extensive private medical records for autism research, including pharmacy, genomic, insurance, and wearable device data. This has raised significant privacy concerns, especially as a new registry will track individuals with autism and integrate their data for research.
How Family Members Can Protect Records
• Understand Your Rights:
Medical records are protected by HIPAA (Health Insurance Portability and Accountability Act), which restricts unauthorized access and sharing of personal health information. For educational records, FERPA (Family Educational Rights and Privacy Act) provides additional protections.
• Limit Data Sharing:
When possible, opt out of providing identifiable information for registries or research studies. Some states, like New Jersey, allow you to request that your child’s name and address not be included in autism registries, though some non-identifying data may still be collected.
• Request Written Policies:
Ask healthcare providers and schools for their privacy policies and how they handle requests from government or research entities. Ensure you are informed before consenting to any data sharing.
• Use Legal Protections:
Consider legal tools such as health care power of attorney or guardianship for adults with autism, which can give you more control over who accesses their records.
• Monitor Data Use:
Stay informed about new government initiatives and registries. If you have concerns, contact advocacy groups or legal experts specializing in disability rights.
• Advocate for Anonymization:
Push for any shared data to be anonymized—removing names, addresses, and other identifiers—to reduce the risk of tracking or misuse.
Key Takeaways
• Federal laws (HIPAA, FERPA) protect health and education records, but large-scale government research initiatives may seek broader access.
• You can often limit or opt out of sharing identifiable information, but some non-identifying data may still be used for research or registries.
• Stay proactive: review privacy policies, use legal protections, and advocate for strict anonymization and security of any shared data.
If you have specific concerns about a new registry or research project, consult with a privacy attorney or special needs advocate to ensure your loved one’s rights are fully protected.