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Copyright 1999 Boston Herald Inc.  
The Boston Herald

April 5, 1999 Monday ALL EDITIONS

SECTION: FINANCE; Pg. 029

LENGTH: 535 words

HEADLINE: CAPITAL FOCUS; One small step for privacy1

BYLINE: By Ted Bunker

BODY:
Chalk up one small victory in the fight to protect privacy in a digital world.

Malden Democrat U.S. Rep. Ed Markey, joining Vice President Al Gore and others, last week convinced the government's Medicare paymasters to back off a plan to collect reams of data on some patients of home health care providers.

But hold the confetti - the Health Care Financing Administration only plans to drop collection plans for people not covered by Medicare or Medicaid. Starting later this month, health care workers will compile monthly reports for HCFA listing everything from services provided to the financial status and mental attitudes of millions of patients. This data is supposed to improve health care delivery systems and weed out fraud. Vermont Democrat Sen. Patrick Leahy isn't satisfied, nor is Markey, about answers HCFA has given concerning its plans. In a Washington Post item last week, Leahy reminded his colleagues that Congress has until late summer to come up with a health information privacy policy, or the Clinton administration will.

Congress had better act fast. Consider these recent items from the Clinton administration's woeful privacy track record:

A proposed rule (not a recently enacted law, as mistakenly reported here in February) that would have forced banks to monitor every customer's banking habits, to spot and report illegal activity. After a huge outpouring of outrage, regulators retracted the "know your customer" rule late last month.

A proposal from Attorney General Janet Reno to expand the FBI's existing DNA database, created under a 1994 law, to include samples taken from everyone arrested in the United States - some 15 million people every year. Even those arrested for minor offenses would have their genetic keys recorded.

An effort to convert the government's New Hire database, created to help agencies track down Deadbeat Dads, to one that also helps catch student loan deadbeats. Congress rejected the move last year.

As for health care, this administration's privacy track record is particularly pitiful. President Clinton set a tone early in his first administration when he backed a plan cooked up in secret by his wife, Hillary, and her health policy team. It included the creation of a national health ID card. Mrs. Clinton seems to follow the communitarian school (remember "It Takes a Village"?) when it comes to health care and privacy.

Amitai Etzioni, author of "The Limits of Privacy" and a leading communitarian, argues that privacy protections can be and often are taken too far. He makes some valid points: identity theft costs Americans $ 10 billion a year; $ 18 billion a year is paid improperly to illegal aliens; mandatory drug testing of certain workers like airline pilots outweighs privacy rights. HIV tests for pregnant women, he notes, might help save their babies from AIDS. An estimated two-thirds don't know they have HIV, so their babies don't get potentially life-saving treatment.

Even so, Americans should insist that a society founded on individual liberty must find a balance that preserves its elements, including personal privacy. In an age of datamines, biometrics and the Internet, that's no small challenge.



LOAD-DATE: April 10, 1999




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