We Win!

David Wymore of Daniels & Wymore, PLLC successfully argued before the Minnesota Court of Appeals, that HIPAA (the Health Insurance Portability and Accountability Act) is not preempted by a Minnesota state law that criminalizes and confers liability on those that negligently or intentionally disseminate health records.

     His efforts before the Minnesota Court of Appeals also led to new case law in Minnesota; that the posting of private information on the internet can confer liability on the poster regardless of how many people view the information.  This new law will likely open up new avenues for those who have been harmed by malicious posting of true, but private information on sites like MySpace and Facebook.

     For a gloss on this decision, please follow this link to read an article published by the Star Tribune.  For the decision itself, please follow this link