U.p.s.e.t Strikes Again In U.p

[SimplyLost8]

 

 

Kincheloe -- The Upper Peninsula Substance Enforcement Team executed two search warrants in Kincheloe Wednesday evening resulting in the seizure of marijuana.

 

The warrants were executed around 8:15 p.m. at 26 and 28 Erin Place. According to UPSET, detectives seized 39 marijuana plants, processed marijuana, grow equipment used to manufacture the plants and $1,190.

 

Two of the three occupants in the residence possessed Michigan Medical Marijuana Patient Cards. UPSET says the investigation revealed that they possessed over the legal amount of marijuana plants and were involved with illegal distribution of marijuana.

 

No arrests have been made at this time, and the investigation remains ongoing.

 

 

 

 

 

More plants taken and no charges filed...hmmm

 

 

http://www.uppermichiganssource.com/news/story.aspx?id=1189117&gotocomments=1&fb_comment_id=fbc_780428462042982_780472598705235_780472598705235#.VScNp3D3aK2

[Willy]

same old sheet..

[trichcycler]

where do all these plants, sacks of cash, packaged marijuana go?

[beourbud]

where do all these plants, sacks of cash, packaged marijuana go?

Republican National Committee. Ever since Ronny raygun

Edited April 10, 2015 by beourbud

[t-pain]

careful when copy and pasting, pasting patient addresses, revealing confidential information in violation of MCL 333.26426 (h)..

[trichcycler]

so when a newspaper does it ....does every person in the print department get charged or just the guy who delivers the papers? 

 

I'm guessing that copy/pasting a news article with confidential info in it is not a violation, but what the chuck do I know!

 

Otherwise you could post your medical records online, follow the photo, and sue everyone who reposts it?

[t-pain]

you can read sec6h yourself and do what feels correct under the law. if other people choose not to exercize their rights under the laws of the state, that does not make the law invalid.

[trichcycler]

I get that part for sure tpain. The question remains....If someone is arrested, and their health info is exposed in the arrest, and he paper prints the info as its gathered and published by leo, can you show me how subsequent re postings could possibly be in violation of privacy acts? example of prosecution within the hipa realm for this infraction ?

I wonder about this almost daily, I truly do understand your position, and would like clarification on mine.

[t-pain]

nothing in section 6 says that once confidential information is breached / disseminated, that the information is no longer confidential. the confidentiality applies to all facets, all of the time.

[trichcycler]

"or reporting on their lives or activities, and many states explicitly exempt news reporting and other expressive activities from liability. For example, if you advertise your website using the photograph of a famous rival blogger (or even an unknown rival blogger) without permission, then you might be liable for misappropriation of that person’s likeness. (Another way of saying this is that you might be liable for violating the blogger's "right of publicity.") But, if you write an article commenting on the posts of that same blogger and include his picture, you generally won't be liable for using the blogger's name without permission or including the photograph for illustrative purposes. If you are interested in using the names or photographs of others"

http://www.dmlp.org/legal-guide/publishing-personal-and-private-information

 

Examples of organizations that do not have to follow the Privacy and Security Rules include:

•life insurers,

•employers,

•workers compensation carriers,

•most schools and school districts,

•many state agencies like child protective service agencies,

•most law enforcement agencies,

•many municipal offices.

[trichcycler]

Are You Subject to HIPAA Privacy Rules when Publishing Confidential Health Information on a Social Network?


It’s unlikely the social networking sites are health care providers, so HIPAA’s privacy rule doesn’t apply; but other privacy business practices are likely to affect you. First, tackle the HIPAA Privacy question by responding to the following questions.

» Are you a healthcare provider that conducts transactions electronically?
» Are you a healthcare clearinghouse? (Do you process healthcare claims?)
» Are you a health plan? (insurance payer)

If you answered no to these questions, you are not a covered entity under HIPAA’s Privacy Rule
Patients are not covered entities.

http://www.hipaa.com/are-you-subject-to-hipaa-privacy-rules-when-publishing-confidential-health-information-on-a-social-network/

In addition, the law protects you if you publish information already exposed to the public eye and especially material obtained from publicly available court records. - See more at: http://lawmedconsultant.com/3128/lawsuits-for-unauthorized-release-of-private-medical-information/#sthash.sA82m5hH.dpuf

Edited April 11, 2015 by grassmatch

[semicaregiver]

Curious question.  Does the confidentiality still work when you have a card, but are charged under the regular drug laws? 

[trichcycler]

read the info, cops are exempt.  Hipaa does not belong to you. Card or not.

[t-pain]

i'm talking MMMA section 6 law, grassmatch. not hipaa

[trichcycler]

Excellent point Tpain!

Should we believe that those protections are greater than the HIPAA Act ?

With that mindset a single patient could sue every social media sight that hosted the violation, as well as the potentially millions of re posters. big market for court proceedings and those who profit in it.

[t-pain]

should ask john ter beek to look into it.