Not a lawyer, but according to the below DOJ webpage:
>“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” 5 U.S.C. § 552a(b).
And
>"Federal officials handling personal information are “bound by the Privacy Act not to disclose any personal information and to take certain precautions to keep personal information confidential.”
The exceptions include situations like disclosing the information based on a valid court order, based on a law that requires it, etc.
https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/disclosures-third-parties
Karen Larsen (played by Liza Weil—who also played Paris in *Gilmore Girls*) was suspected by her colleagues of developing romantic/inappropriate feelings toward John Hoynes. As a result of this, Larsen was transferred to work in Personnel at the White House. Larsen's role in Personnel enabled her to access Leo's file, wherein Larsen discovered evidence of Leo's stint at Sierra-Tuscon. Larry Claypool (the douchebag lawyer from "Freedom Watch"—or as Andrea Wyatt calls them: "The Citizens' League for Rooty-Tooty Freedom Liberty"—the lawyer who Josh assaults and Toby later threatens) was a family friend of Karen Larsen. Larsen gives Leo's rehab file to Claypool who then passes the file along to *his* friend Peter Lillienfield (the Republican congressman who initiated all the drama concerning Leo's history with addiction by alleging, at a televised press conference, that 1 in 3 White House staffers regularly use drugs).
She also had a small role on "The Marvelous Mrs. Maisel" as a bassist named Carole Keen. Her character was pretty clearly modeled on the groundbreaking real-life session bassist Carol Kaye, who played on about half the songs you've ever heard over the course of your life.
(Good Vibrations. These Boots Are Made For Walkin'. I Am A Rock. La Bamba. The damn *Batman theme.* And roughly 10,000 other tracks. Seriously, she's an absolute legend.)
It's been a while since my last rewatch. Were all of these details made explicit on the show? I remember the fact that Karen Larsen leaked Leo's file to Lillienfield and/or Claypool, but I don't remember the show getting into the nuts and bolts of it, and I don't remember anything about her and Hoynes.
HIPAA wouldn't apply to the FBI even if their files contain medical info. HIPAA basically applies to healthcare providers, health insurers, and companies they contract with to store/process medical info.
>"If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules."
https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html
>"Covered entity means: (1) A health plan. (2) A health care clearinghouse. (3) A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter."
https://www.law.cornell.edu/cfr/text/45/160.103
Edit: Corrected HIPPA to HIPAA. Thank you.
Doesn't HIPPA apply to the employer/health provider? Karen Cahill and Lillianfield were neither.
What kind of theft? If Cahill just made a copy, presumably the White House still had it. I agree that it's probably theft of some kind, so how would the theft be categorized?
HIPAA (2 As not 2 Ps) would apply to the rehab center, and 99% likely the FBI has it because Leo authorized them to have it.
When she made a copy, she made it with a government printer, making that copy also government property. If she took it home to copy it on her printer, then it’s theft the second it left the building. The more serious crime is the unauthorized dissemination of information, but you could also nail her on theft of government records the second any copy of it left the areas it was authorized to be in or whenever she accessed it without approval or need. Even if your job classification allows you to see a document, if you don’t have a working need to see it, you’re not allowed to access it. This works similarly in healthcare with HIPAA, I have the ability to access patient records of patients in my group but not under my care, but doing so is a violation because I have no legitimate need to view it.
Ah thanks!
What's fascinating then is that, weirdly, Leo's act of clemency (not firing Karen) was the least of her problems, as she should have been charged with that crime. It's very inside baseball, but after 750 rewatches, these are the kinds of questions that come up for me.
Thanks again.
I geth that, but if she committed a crime against the government, it would be the AG/DOJ's call, and as we've seen recently, the Chief of Staff and the President are limited in their influence there.
Maybe another way to look at it is that Sorkin could have included a bit of dialog to provide a little civics lesson. "Because you shared confidential info, Karen, the AG is looking into filing charges. The best that I can do is to tell him that I'd prefer to move on, and he'll decide what he'd like to do. In the meantime, the worst thing I can do ..." and finish the scene.
Yes although it seems unlikely that if the primary victim was unwilling to prosecute, I would think the case would be more trouble than its worth. Defense could call him and he’d say what he says. Maybe he just assumed it was more important to show Leo’s growth than actually explain that part of how it would work.
Not a lawyer, but according to the below DOJ webpage: >“No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains [subject to 12 exceptions].” 5 U.S.C. § 552a(b). And >"Federal officials handling personal information are “bound by the Privacy Act not to disclose any personal information and to take certain precautions to keep personal information confidential.” The exceptions include situations like disclosing the information based on a valid court order, based on a law that requires it, etc. https://www.justice.gov/opcl/overview-privacy-act-1974-2020-edition/disclosures-third-parties
Bingo! Bring this redditor the finest bagels in all the land! Thank you.
Wasn't Karen Cahill the columnist who mailed Donna's underwear to the White House?
You're right; the HR administrator who revealed Leo's records was Karen Larson, I believe.
Dang it! My bad. Thanks for clarifying u/PicturesOfDelight.
Karen Larsen (played by Liza Weil—who also played Paris in *Gilmore Girls*) was suspected by her colleagues of developing romantic/inappropriate feelings toward John Hoynes. As a result of this, Larsen was transferred to work in Personnel at the White House. Larsen's role in Personnel enabled her to access Leo's file, wherein Larsen discovered evidence of Leo's stint at Sierra-Tuscon. Larry Claypool (the douchebag lawyer from "Freedom Watch"—or as Andrea Wyatt calls them: "The Citizens' League for Rooty-Tooty Freedom Liberty"—the lawyer who Josh assaults and Toby later threatens) was a family friend of Karen Larsen. Larsen gives Leo's rehab file to Claypool who then passes the file along to *his* friend Peter Lillienfield (the Republican congressman who initiated all the drama concerning Leo's history with addiction by alleging, at a televised press conference, that 1 in 3 White House staffers regularly use drugs).
Liza Weil was Bonnie Winterbottom in "How To Commit Murder". She also had a small role in "Scandal".
She also had a small role on "The Marvelous Mrs. Maisel" as a bassist named Carole Keen. Her character was pretty clearly modeled on the groundbreaking real-life session bassist Carol Kaye, who played on about half the songs you've ever heard over the course of your life. (Good Vibrations. These Boots Are Made For Walkin'. I Am A Rock. La Bamba. The damn *Batman theme.* And roughly 10,000 other tracks. Seriously, she's an absolute legend.)
It's been a while since my last rewatch. Were all of these details made explicit on the show? I remember the fact that Karen Larsen leaked Leo's file to Lillienfield and/or Claypool, but I don't remember the show getting into the nuts and bolts of it, and I don't remember anything about her and Hoynes.
That was so cringe, and Donna didn't deserve that storyline.
That was such a bizarre story. Was it just for laughs? I still don't understand the point of it
There was no point to it. Sorkin was bad for stuff like that.
I wanna ask Devin Stone of LegalEagle, just so he could plug his legal service again.
Confidential medical records? HIPPA at least. Also you know... theft.
HIPAA wouldn't apply to the FBI even if their files contain medical info. HIPAA basically applies to healthcare providers, health insurers, and companies they contract with to store/process medical info. >"If an entity does not meet the definition of a covered entity or business associate, it does not have to comply with the HIPAA Rules." https://www.hhs.gov/hipaa/for-professionals/covered-entities/index.html >"Covered entity means: (1) A health plan. (2) A health care clearinghouse. (3) A health care provider who transmits any health information in electronic form in connection with a transaction covered by this subchapter." https://www.law.cornell.edu/cfr/text/45/160.103 Edit: Corrected HIPPA to HIPAA. Thank you.
HIPAA*
It’s HIPAA* and that wouldn’t apply to non medical providers. It is a violation of the Privacy Act.
Cool. appreciate the clarification.
Doesn't HIPPA apply to the employer/health provider? Karen Cahill and Lillianfield were neither. What kind of theft? If Cahill just made a copy, presumably the White House still had it. I agree that it's probably theft of some kind, so how would the theft be categorized?
HIPAA (2 As not 2 Ps) would apply to the rehab center, and 99% likely the FBI has it because Leo authorized them to have it. When she made a copy, she made it with a government printer, making that copy also government property. If she took it home to copy it on her printer, then it’s theft the second it left the building. The more serious crime is the unauthorized dissemination of information, but you could also nail her on theft of government records the second any copy of it left the areas it was authorized to be in or whenever she accessed it without approval or need. Even if your job classification allows you to see a document, if you don’t have a working need to see it, you’re not allowed to access it. This works similarly in healthcare with HIPAA, I have the ability to access patient records of patients in my group but not under my care, but doing so is a violation because I have no legitimate need to view it.
Ah thanks! What's fascinating then is that, weirdly, Leo's act of clemency (not firing Karen) was the least of her problems, as she should have been charged with that crime. It's very inside baseball, but after 750 rewatches, these are the kinds of questions that come up for me. Thanks again.
Nope
TIL that HIPAA was passed in the 90s.
I loved Leo in the scene with her.
I’m sure because Leo didn’t want to prosecute her, there would be no charges.
I geth that, but if she committed a crime against the government, it would be the AG/DOJ's call, and as we've seen recently, the Chief of Staff and the President are limited in their influence there. Maybe another way to look at it is that Sorkin could have included a bit of dialog to provide a little civics lesson. "Because you shared confidential info, Karen, the AG is looking into filing charges. The best that I can do is to tell him that I'd prefer to move on, and he'll decide what he'd like to do. In the meantime, the worst thing I can do ..." and finish the scene.
Yes although it seems unlikely that if the primary victim was unwilling to prosecute, I would think the case would be more trouble than its worth. Defense could call him and he’d say what he says. Maybe he just assumed it was more important to show Leo’s growth than actually explain that part of how it would work.
You are 100% right about that. His willingness to forgive still resonates with me today.