Definition of Non Public Information

Non-public information includes personal medical records.

Non-public information is simply information that is not known by the public and is protected from disclosure by federal and state law and regulations. Generally, non-public information is categorized into four main groups: individual personal information, corporate and individual financial information, personal education information and personal medical information.

Governmental agencies charged with the responsibility of collecting personal data, law enforcement and data pertaining to matters of national security are required by law to maintain confidentiality. In gray areas of the law pertaining to non-disclosure of information, the public's right to know is weighed against the record depository's competing interest for maintaining privacy.

Personal/Individual

In the United States of America, various federal and state laws protect an individual's personal information. Federal law prohibits the dissemination of an individual's personal information by state motor vehicle agencies Personal information collected for the purpose of obtaining credit is protected by the Fair Credit Reporting Act,15 U.S.C. § 1681 et seq. Social Security numbers and personal information collected for the purpose of the Census are deemed non-public information because they identify individuals. The reason for the protection is identity theft.

The Equal Employment Opportunity Act, 42 U.S.C, 2000e, et seq. protects the collection and use of data about an individual that will result in discrimination on the basis of sex, religion, national origin, race and other identifiable characteristics. State laws govern the public disclosure of employee records and disciplinary actions. The Employee Polygraph Protection Act, 29 U.S.C. 2001. et seq, prevents adverse actions for an employee's refusal to take a polygraph test in certain circumstances and bars the public disclosure of test results.

Corporate/Individual Financial

Financial institutions collect personal financial information from clients in the course of doing business. Congress enacted the Gramm-Leach-Bliley Act, 15 U.S.C., Subchapter 1, 6801-6809, to prevent the public disclosure of financial information of an individual or corporation to third parties unless notice is provided and privacy is waived. The basis for providing protection of non-public financial information is the harm that may occur to the institution, such as insider trading, and financial harm to the client.

Educational Records

Schools and higher education institutions maintain highly sensitive records of students. The Family Educational Rights and Privacy Act, (FERPA), 20 USC, Section 1232g, protects student records from public disclosure. The act confers certain rights of privacy to parents until the student reaches 18 years, and then the right of non-disclosure transfers to the eligible student.

Parents and eligible students have a right to examine and review records and request corrections of the records. Student records may not be disclosed to third parties unless an exception exists. Examples of exceptions include transferring schools, law enforcement, school officials with a genuine interest and by judicial order or subpoena. Student records that include financial information, Social Security numbers and other personal information are protected because of the vulnerability of the population to predators.

Medical Records

Patient medical records are non-public information whether maintained by a physician, hospital, ancillary service, business service or insurance company. The Health Insurance and Portability Act of 1996, Public Law 104-191 sets forth the requirement that patient records are confidential and confers rule-making authority to the secretary of Health and Human Services (HHS) to publicize standards by creating an administrative simplification process.

The secretary of HHS states the privacy rule applies to all individually identifiable health information held or transmitted by a covered entity or its business associate, in any form or media, whether electronic, paper or oral. The privacy sct calls this information "protected health information" (PHI). The rule takes into account the necessity of communication in patient treatment, but it protects a patient's privacy interest.

Considerations

The 21st century presents untold opportunities for communication, transacting business and human services delivery. On the flip-side, the individual consumer and institutions are exposed to potential misuse of their legally protected right barring the dissemination of non-public information. A state's office of consumer protection or an attorney can be consulted about specific rights and remedies.

References

• BBBOnline Inc. and Council of Better Business Bureaus Inc.: A Review of Federal and State Privacy Laws
• USLegal, Definitions: Non-Public Information Law and Legal Definition
• ED.gov, U.S. Department of Education: Family Educational Rights and Privacy Act
• U.S. Federal Trade Commission: Gramm-Leach-Bliley Act
• U.S, Department of Health and Human Services: OCR Privacy Brief, Summary of the HIPAA Privacy Rule

Resources

• NOLO: NOLO's Plain-English Law Dictionary--Non-public Information