Are there
any other disclosures required by law?
To clarify the interaction between these provisions, in the final rule we have specifically added language to the paragraph addressing disclosures for law enforcement that permits covered entities to comply with legal mandates, and have included a specific cross reference in the provision of the final rule that permits covered entities to make
other disclosures required by law.
Not exact matches
However, any such activity that involves an offering of securities must be accompanied
by the important
disclosures, processes and
other investor protections that our securities
laws require.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any
other information you provide if
required to do so
by law or in a good faith belief that such access preservation or
disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third - parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of The Defense Alliance of Minnesota, The Defense Alliance of Minnesota Affiliates, its users and the public.
However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such
disclosure is
required by law or
other special cases described below.
We reserve the right to use or disclose your Personal Information if
required by law or if we reasonably believe that use or
disclosure is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or comply with a
law, court order, or legal process.
To the extent permitted
by law, we will disclose your information to government authorities or third parties if: (a)
required to do so
by law, or in response to a subpoena or court order; (b) we believe in our sole discretion that
disclosure is reasonably necessary to protect against fraud, to protect the property or
other rights of us or
other users, third parties or the public at large; or (c) we believe that you have abused the Sites or the Applications
by using them to attack
other systems or to gain unauthorized access to any
other system, to engage in spamming or otherwise to violate applicable
laws.
Other than as outlined above, Parenting Ideas will not disclose your personal information without your consent unless
disclosure is necessary to prevent a threat to life or health, authorised or
required by law, reasonably necessary to enforce the
law, or necessary to investigate a suspected unlawful activity.
If an advertised lender / broker solicits you for a loan application, that lender / broker must make certain
disclosures to you as
required by the Federal Truth In Lending Act (TILA), the Real Estate Settlement Procedures Act (RESPA) and
other federal and state
laws.
RESPA attempts to regulate settlement costs
by requiring lenders, mortgage brokers or servicers of home loans to provide
disclosures to borrowers that will inform them about real estate transactions, settlement services, relevant consumer protection
laws and any
other pertinent and timely information connected to the cost of the real estate settlement process.
Other disclosures and agreements
required by law applicable to brokerage accounts are provided on the brokerage Web site.
Under the Code of Ethics, Helene is obligated to maintain and respect the confidentiality of all information obtained from clients; and to refrain from
disclosure of information about clients or their pets to
others without the client's explicit consent, except as
required by law.
We may also share your personally identifiable information to respond to
law enforcement requests, court orders, or
other legal processes; or if we believe that such
disclosure is necessary to investigate, prevent, or respond to illegal activities, fraud, physical threats to you or
others; or as otherwise
required by any applicable
law or regulation.
Colorado Governor John Hickenlooper thinks the state's legislation will become a model for
other states, according to the Denver Post, because it goes further than
other states with
disclosure laws by requiring all chemicals to be named (or in cases where the oil and gas commission is convinced a specific chemical should be kept a trade secret, then the chemical family needs to be named), as well as the concentrations in which they are used.
To that end, the parties shall not disclose the existence, content or results of any proceedings conducted in accordance with this Section, and materials submitted in connection with such proceedings shall not be admissible in any
other proceeding, provided, however, that this confidentiality provision shall not prevent a petition to vacate or enforce an arbitral award, and shall not bar
disclosures required by law.
(H) There are adequate written assurances that the protected health Start Printed Page 82817information will not be reused or disclosed to any
other person or entity, except as
required by law, for authorized oversight of the research project, or for
other research for which the use or
disclosure of protected health information would be permitted
by this subpart.
They expressed concern that covered entities could refuse or delay compliance with legally mandated
disclosures by misplaced reliance on a rule that permits, but does not
require, a use or
disclosure required by other law.
In some cases where particular concerns have been raised
by legal mandates in
other laws, we allow
disclosure as
required by law, and we establish additional requirements to protect privacy (for example, informing the individual as
required in § 164.512 (c)-RRB- when covered entities make a legally mandated
disclosure.
Comment: A number of commenters urged that the provision permitting uses and
disclosures required by other law be amended
by deleting the last sentence which stated: «This paragraph does not apply to uses or
disclosures that are covered
by paragraphs (b) through (m) of this section.»
Other sections of this rule allow covered entities to reasonably rely on certain representations
by law enforcement officials (see § 164.514, regarding verification,) and
require disclosure of the minimum necessary protected health information for this purpose.
These changes should resolve the concerns raised
by commenters regarding conflicts with state
laws that
require consent, authorization, or
other types of written legal permission for uses and
disclosures of protected health information.
In the final rule, we include a waiver criterion
requiring «there are adequate written assurances that the protected health information will not be re-used or disclosed to any
other person or entity, except as
required by law, for authorized oversight of the research project, or for
other research for which the use or
disclosure of protected health information would be permitted
by this subpart.»
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.
Paragraph § 164.512 (f)(1) of this section permits a covered entity to make
disclosures that are
required by other laws, such as state mandatory reporting
laws, or are
required by legal process such as court orders or grand jury subpoena.
Response: Section 164.512 (a) below permits covered entities to disclose protected health information when such
disclosures are
required by other laws as long as they follow the requirements of those
laws.
We note that nothing in this rule compels a covered entity to make a use or
disclosure required by the legal demands or prescriptions listed in this clarification or
by any
other law or legal process, and a covered entity remains free to challenge the validity of such
laws and processes.
Although most
disclosures for workers» compensation would be permissible under
other provisions of this rule, particularly the provisions that permit
disclosures for payment and as
required by law, we are aware of the significant variability among workers» compensation and similar
laws, and include this provision to ensure that existing workers» compensation systems are not disrupted
by this rule.
We reviewed the important purposes identified in the comments for government access to protected health information, and believe that the
disclosures of protected health information that should appropriately be made without individuals» authorization can be achieved through the
other disclosures provided for in the final rule, including provisions permitting covered entities to disclose information (subject to certain limitations) to government agencies for public health, research, health oversight,
law enforcement, and otherwise as
required by law.
We also permit covered entities to seek authorization from the individual for another covered entity's use or
disclosure of protected health information for these purposes, including if the covered entity is
required to do so
by other law.
Comment: One commenter recommended that when information from health records is provided to authorized external users, this information should be accompanied
by a statement prohibiting use of the information for
other than the stated purpose; prohibiting
disclosure by the recipient to any
other party without written authorization from the patient, or the patient's legal representative, unless such information is urgently needed for the patient's continuing care or otherwise
required by law; and
requiring destruction of the information after the stated need has been fulfilled.
Some comments urged deletion of the provision for uses and
disclosures required by other law.
Comment: Numerous commenters addressed directly or
by implication the question of whether the provision permitting uses and
disclosures of protected health information if
required by other law was necessary.
The proposal allowed a covered entity, when making
disclosures to public officials that were permitted without individual authorization but not
required by other law, to reasonably rely on the representations of such officials that the information requested was the minimum necessary for the stated purpose (s).
Comment: A number of commenters sought expanded authority to use and
disclosure protected health information when permitted
by other law, not just when
required by law.
They recommend that the notice include, among
other elements, «a description of the rights of individuals, including the right to inspect and copy information and the right to seek amendments [and] a description of the types of uses and
disclosures that are permitted or
required by law without the individual's authorization.»
Response: We found no compelling reason to exempt
disclosures for purposes listed in the regulation from this standard,
other than for
disclosures required by law.
The rules regarding
disclosure and use of protected health information specified in § 164.512 (k) cover individuals who are in transitional homes, and
other facilities in which they are
required by law to remain for correctional reasons and from which they are not allowed to leave.
(D) For each purpose described in paragraph (b)(1)(ii)(A) or (B) of this section, the description must include sufficient detail to place the individual on notice of the uses and
disclosures that are permitted or
required by this subpart and
other applicable
law.
Response: In the final rule, we have added an additional waiver criteria to
require that there are adequate written assurances from the researcher that protected health information will not be re-used or disclosed to any
other person or entity, except as
required by law, for authorized oversight of the research project, or for
other research for which the use or
disclosure of protected health information would be permitted
by this subpart.
In some instances,
disclosure of protected health information to
law enforcement officials will be compelled
by other law, for example,
by compulsory judicial process or compulsory reporting
laws (such as
laws requiring reporting of wounds from violent crimes, suspected child abuse, or suspected theft of controlled substances).
If the
disclosure is not
required (but only permitted)
by the federal
law, the covered entity must determine if the
disclosure comes within one of the
other permissible
disclosures.
The final rule clarifies that covered entities may disclose protected health information about a victim of crime where a report is
required by state or
other law, and it
requires the victim's agreement for
disclosure in most
other instances.
We also proposed to prohibit covered entities from
requiring individuals to sign authorizations for uses and
disclosures of protected health information for treatment, payment, and health care operations, unless
required by other applicable
law.
Nothing in this rule permits covered entities to avoid
disclosures required by other laws.
Response: We found no compelling reason to exempt government requests from this standard,
other than when a
disclosure is
required by law.
Therefore, in accordance with the terms of our privacy statement we will not disclose to any third party for any reason either the contents of or any facts relating to the contents of a user's email or any
other communication a user sends to us; provided, however, such
disclosure will be made when
required to do so
by law or
by properly issued court order or when good - faith belief exists that such action is legally necessary to: (1) comply with the
law or comply with legal process served on California Legal Research, Inc.; (2) protect and defend the legitimate business interests, rights or property of California Legal Research, Inc., its users, customers, or affiliates; or (3) act in an emergency to protect the personal safety of CALRI.com users or the public.
We also proposed to prohibit covered entities from seeking individual authorization for uses and
disclosures for treatment, payment, and health care operations unless
required by state or
other applicable
law.
The final rule
requires that the covered entity obtain written agreement from the person or entity receiving protected health information under § 164.512 (i) not to re-use or disclose protected health information to any
other person or entity, except: (1) As
required by law, (2) for authorized oversight of the research project, or (3) for
other research for which the use or
disclosure of protected health information would be permitted
by this subpart.
Covered entities are not
required to include in the accounting
disclosures to the individual as provided in § 164.502;
disclosures for facility directories,
disclosures to persons involved in the individual's care, or
other disclosures for notification purposes as provided in § 164.510;
disclosures for national security or intelligence purposes as provided in § 164.512 (k)(2);
disclosures to correctional institutions or
law enforcement officials as provided in § 164.512 (k)(5); or any
disclosures that were made
by the covered entity prior to the compliance date of the rule for that covered entity.
Any information collected
by CoverHound may be shared if it is necessary to investigate, prevent or prosecute illegal activities, suspected fraud, violations to the Terms and Conditions, when we believe in good faith that
disclosure is necessary to protect our rights, protect your safety or the safety of
others, investigate fraud, or respond to a government request or as otherwise
required by law or a valid government request (including, but not limited to, search warrants, subpoenas or court orders).