In the cases I reviewed here, every official in the justice system failed the test — a governing body of the legal profession that released documents to the police without a warrant, a judge who granted a wiretap authorization with a general warrant to search mobile devices without limitation other than a temporal one and a Crown attorney who released privileged information after presumptively reviewing it for
disclosure purposes under the Stinchcombe regime.
Not exact matches
Investigatory material compiled solely for the
purpose of determining suitability, eligibility, or qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information, but only to the extent that the
disclosure of such material would reveal the identity of a source who furnished information to the Government
under an express promise that the identity of the source would be held in confidence.
Under California law, California Residents who have an established business relationship with Startup Grind may choose to opt out of Startup Grind's
disclosure of personal information about them to third parties for direct marketing
purposes.
CIPSEA is contained in Public Law 107 - 347, Title V. and includes fines and penalties for unauthorized
disclosures of information collected
under a pledge of confidentiality where the information is designated exclusively for statistical
purposes.
NHTSA's CARS.gov website contains a Privacy Act Statement (telling the record subject the authority for seeking the information and whether its
disclosure is mandatory or voluntary, the principal
purpose for which the information will be used, the routine uses of the information, and the effects of not providing the requested information) relating to NHTSA's collection of PII
under the CARS Program.
The following entities
under the control of Standard Life Aberdeen plc have been identified for the
purposes of this
disclosure:
However, codifying these
disclosures under the TSR will create a more defined bright line standard for enforcement
purposes and will leave little or no doubt as to what obligations debt relief companies have to inform their customers.
Under the California «Shine The Light» law, California residents may opt - out of the
disclosure of personal information to third parties for direct marketing
purposes (as those concepts are defined in that law) However, we do not currently engage in the type of sharing covered by that law.
[10] See Jurewicz v. U.S. Dept. of Agric., No. 10 - 1683 JEB, 2012 WL 4130515 (D.D.C. Sept. 20, 2012) at * 11 («[T] he
purpose and plain language of the Act mandate a strong presumption in favor of
disclosure» of a dog breeder's operational information including the quantity of dogs sold and revenue gained, and thus breeder's
disclosure was not exempt
under Freedom of Information Act).
Should The Hotel Erwin inadvertently acquire personal information or any other data from users
under the age of 18, The Hotel Erwin will not knowingly provide this data to any third party for any
purpose whatsoever, and any subsequent
disclosure would be due to the fact the user
under 18 used the Site and submitted personal information without solicitation by or permission from The Hotel Erwin.
Under California law, our users that are California residents may request certain information regarding our
disclosure of personal information to third parties for their direct marketing
purposes.
Taylor Wessing refused on three grounds: the documents would not be disclosable
under Bahamian law and were protected by privilege
under English law; disproportionate effort on their part would be required to inspect the documents; and the
purpose of the SAR was to obtain
disclosure for the sake of litigation.
It then held, «[t] o the extent that PIPA restricted the Union's collection, use and
disclosure of personal information for legitimate labour relations
purposes, the Act violates s. 2 (b) of the Charter and can not be justified
under s. 1.»
This
disclosure or transfer is for specific
purposes under an agreement or arrangement between the Government of Canada and the government of a foreign state.
In any case, voluntary
disclosure of a violation to rules and regulations
under the powers of CVM (identified in an internal review, for instance) is considered for
purposes of diminishing penalties or negotiating lower payments in settlement agreements.
(a) It has the individual's consent
under this act and the collection, use, or
disclosure, as the case may be, to the best of the custodian's knowledge, is necessary for a lawful
purpose; or
The logic applied just as much to administrative proceedings: «Holding parties who receive the Record
under an implied obligation not to use information in it for a collateral
purpose promotes the public interest in obtaining full
disclosure of [relevant] material..., just as this promise of confidentiality supports the obligation of complete
disclosure between parties in civil actions» (at para. 37).
IRS Circular 230
disclosure: To ensure compliance with requirements imposed by the IRS, any tax information contained in this site was not intended or written to be used, and can not be used, for the
purpose of (i) avoiding tax - related penalties
under federal, state or local tax law or (ii) promoting, marketing or recommending to another party any transaction or matter addressed on this site.
Now, the Office of the Privacy Commissioner of Canada recently found that in order to properly rely on the s. 7 (3)(h. 2) exemption it is essential that an organization document the
purpose for which personal information is disclosed and exercise due diligence to ensure that the
disclosure is reasonable
under the circumstances.
For example, a covered health care provider that had a treatment relationship with an individual prior to the individual's enrollment in a clinical trial, but that is now providing research - related treatment to the individual, may elect to request a compound authorization from the individual: an authorization
under § 164.508 (d) for the provider to use the protected health information it created prior to the initiation of the research that involves treatment, combined with an authorization
under § 164.508 (f) regarding use and
disclosure of protected health information the covered provider will create for the
purpose of the clinical trial.
In addition, we slightly modify the second of the three conditions
under which covered entities may respond to such requests, to allow
disclosure if the request is specific and is limited in scope to the extent reasonably practicable in light of the
purpose for which the information is sought.
We recognize that covered entities sometimes make these types of uses and
disclosures for
purposes that are permitted
under the rule without authorization.
We reviewed the important
purposes for which some commenters said government agencies needed protected health information, and we believe that most of those needs can be met through the other categories of permitted uses and
disclosures without authorization allowed
under the final rule, including provisions permitting covered entities to disclose information (subject to certain limitations) to government agencies for public health, health oversight, law enforcement, and otherwise as required by law.
We note that a covered health care provider must obtain an authorization
under § 164.508 in order to disclose protected health information about an individual for
purposes of pre-enrollment underwriting; the underwriting is not an «operation» of the provider and that
disclosure is not otherwise permitted by a provision of this rule.
As with any other use or
disclosure, however, uses and
disclosures of protected health information for these
purposes do require authorization if they are not otherwise permitted
under the rule.
For multiple
disclosures to the same recipient pursuant to a single authorization or for a single
purpose permitted
under the rule without authorization, the covered entity may provide a summary accounting addressing the series of
disclosures rather than a detailed accounting of each
disclosure in the series.
Rather, as described above, the final rule carves out certain activities which must always be considered law enforcement for
purposes of
disclosure of protected health information
under this rule.
For example, if
under § 164.512 (b), a covered entity discloses the same protected health information to a public health authority for the same
purpose every month, it can account for those
disclosures by including in the accounting the date of the first
disclosure, the public health authority to whom the
disclosures were made and the public health authority's address, a brief description of the information disclosed, a brief description of the
purpose of the
disclosures, the fact that the
disclosures were made every month during the accounting period, and the date of the most recent
disclosure.
If the covered hospital wishes at some point in the future to make discretionary
disclosures for public health
purposes, it must revise its notice to so state, and Start Printed Page 82551must segregate its records so that protected health information created or received
under the prior notice is not disclosed for discretionary public health
purposes.
(3) If, during the period covered by the accounting, the covered entity has made multiple
disclosures of protected health information to the same person or entity for a single
purpose under § § 164.502 (a)(2)(ii) or 164.512, or pursuant to a single authorization
under § 164.508, the accounting may, with respect to such multiple
disclosures, provide:
Specifically, this overlap occurred because: (1) The NPRM preamble, but not the NPRM regulation text, indicated that agencies conducting both oversight and law enforcement activities would be subject to the oversight requirements when conducting oversight activities; and (2) the NPRM addressed some
disclosures for investigations of health care fraud in the law enforcement paragraph (proposed § 164.510 (f)(5)(i)-RRB-, while health care fraud investigations are central to the
purpose of health care oversight agencies (covered
under proposed § 164.510 (c)-RRB-.
The
disclosures permitted
under § 164.512 are for national priority
purposes, and determining whether a
disclosure fits within the section is necessary before the
disclosure can be Start Printed Page 82742made.
The exceptions to the definition of marketing fall within the definitions of treatment and / or health care operations, and therefore uses, or
disclosures to a business associate, of protected health information for these
purposes are permissible
under the rule without authorization.
The final rule creates a narrower exemption for Department of State for uses and
disclosures of protected health information (1) for
purposes of a required security clearance conducted pursuant to Executive Orders 10450 and 12698; (2) as necessary to meet the requirements of determining worldwide availability or availability for mandatory service abroad
under Sections 101 (a)(4) and 504 of the Foreign Service Act; and (3) for a family member to accompany a Foreign Service Officer abroad, consistent with Section 101 (b)(5) and 904 of the Foreign Service Act.
In lieu of the statement of
purpose, a covered entity may include a copy of the individual's authorization
under § 164.508 or a copy of a written request for
disclosure, if any,
under § 164.502 (a)(2)(ii) or § 164.512.
A covered entity may use and disclose the protected health information of individuals who are foreign military personnel to their appropriate foreign military authority for the same
purposes for which uses and
disclosures are permitted for Armed Forces personnel
under the notice published in the Federal Register pursuant to paragraph (k)(1)(i) of this section.
Under the NPRM, the proposed definitions of law enforcement and oversight, and the rules governing
disclosures for these
purposes Start Printed Page 82529overlapped.
Disclosures for research purposes under the final rule, as in the proposed regulation, are permissive disclo
Disclosures for research
purposes under the final rule, as in the proposed regulation, are permissive
disclosuresdisclosures only.
We do not interpret the definition of «payment» to include activities that involve the
disclosure of protected health information by a covered entity, including a covered health care provider, to a plan sponsor for the
purpose of obtaining payment
under a group health plan maintained by such plan sponsor, or for the
purpose of obtaining payment from a health insurance issuer or HMO with respect to a group health plan maintained by such plan sponsor, unless the plan sponsor is performing plan administration pursuant to § 164.504 (f).
For
purposes of this regulation, this means that, except for uses and
disclosures for research
purposes (see § 164.512 (i)-RRB-, covered entities must
under this rule protect the protected health information about a deceased individual in the same manner and to the same extent as required for the protected health information of living individuals.
We also clarify the conditions
under which authorization is or is not required for uses and
disclosures of protected health information for marketing
purposes.
Similarly,
disclosure of such medical information by the group health plan,
under the limited circumstances permitted by this privacy regulation, may involve use of the information for insurance
purposes as broadly described in the ADA discussion above.
In general,
under the final rule, to disclose or use protected health information for these
purposes, covered entities must inform individuals in advance and must provide a meaningful opportunity for the individual to prevent or restrict the
disclosure.
This is not the function of the
disclosure obligations of developers
under the statute, nor is such a result required to serve the statutory
purposes underlying
disclosure obligations: Sharbern SCC at para. 118.
62 The answer to the second question should therefore be that Article 9 of the directive is to be interpreted as meaning that the activities referred to at points (a) to (d) of the first question, relating to data from documents which are in the public domain
under national legislation, must be considered as activities involving the processing of personal data carried out «solely for journalistic
purposes», within the meaning of that provision, if the sole object of those activities is the
disclosure to the public of information, opinions or ideas.
If you are an individual on whom a HireRight client has requested a background screening investigation, and have submitted personal information to HireRight at the request of such client for
purposes of procuring a background report, then you can review your HireRight file in accordance with your file
disclosure rights
under the Fair Credit Reporting Act, California Civil Code Section 1786.22 and any other applicable state laws by contacting HireRight's Customer Service Department at
[email protected].
If you are an individual on whom a SmartStart client has requested a background screening investigation, and have submitted personal information to SmartStart at the request of such client for
purposes of procuring a background report, then you can review your SmartStart file in accordance with your file
disclosure rights
under the Fair Credit Reporting Act, California Civil Code Section 1786.22 and any other applicable state laws by contacting SmartStart's Customer Service Department at
[email protected].
Under Virginia law, a minor is deemed an adult for the
purpose of consenting to, and for accessing or authorizing the
disclosure of medical records related to:
IRS CIRCULAR 230
DISCLOSURE To ensure compliance with requirements by the IRS, we inform you that any U.S. tax advice contained in this communication (including any attachments) is not intended or written to be used, and can not be used, for the
purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.
This is also the stated
purpose of the integrated
disclosure under RESPA section 4 (a).