On 1/27/2013 10:50 PM, Foxs Mercantile wrote:
On 1/27/2013 7:14 PM, Jerry Stuckle wrote:
There is no exception for transmission of medical or emergency data.

http://www.hhs.gov/ocr/privacy/hipaa/faq/safeguards/197.html

Specifically:
For example, the Privacy Rule does not require the following types
of structural or systems changes:

Encryption of wireless or other emergency medical radio communications
which can be intercepted by scanners.

Jeff-1.0
wa6fwi



"Emergency" is the defining word here. And when you look up the
definition, it refers to a threat of an immediate loss of life.

This exception was implemented to allow Life Flight helicopters,
Ambulances, etc. to be able to communicate with the hospital.

--
==================
Remove the "x" from my email address
Jerry Stuckle
JDS Computer Training Corp.

==================

Jerry Stuckle wrote:
On 1/28/2013 1:15 AM, Phil Kane wrote:
On Sun, 27 Jan 2013 20:14:50 EST, Jerry Stuckle
wrote:

A non-ham can key (or the digital equivalent) a ham transmitter as
long as the control operator is "on duty and in control" to borrow, a
phrase from the radio broadcast services rules. We interpret that to
mean "in the room and aware of what's happening".

Sorry, Phil, but what you interpret doesn't count. It's what the FCC
interprets.

Sorry, Jerry, my error. I should have said "what the FCC has ruled
and expects those of us in the communications legal community to
spread the word when necessary". Quite often FCC rule interpretations
are buried in case decisions and advice letters.

Then again, when I was on the enforcement staff of the FCC I was one
of the people who helped formulate that specific interpretation so I
do have a "we" investment.

73 de K2ASP - Phil Kane
ARRL Volunteer Counsel


Phil,

A white paper is not the law. For Amateurs, that is Part 97.

Your interpretation is pretty meaningless. That may be how you think
the FCC is going to enforce the law today - but that's only for today.
A change in FCC staff, administration, etc. can (and in the government,
often does) change that. Heck - even pressure from Congress or other
agencies like the TSA can change that. It's happened with other
agencies all too often.

The only rules that count are Part 97.

Umm, no.

Like all other law, case law also counts.