Privacy Issues in the Community College Workplace

 the information is publicly available (but not medical databases or court records);  the information is to monitor the biological effects of toxic substances in the workplace; or  the employer conducts DNA testing for law enforcement purposes but only to the extent that such genetic information is used for DNA markers to detect sample contamination.

Under the EEOC’s final regulations regarding GINA, the inadvertent acquisitions of genetic information does not constitute a violation, such as in situations where a manager or supervisor inadvertently obtains employee genetic information through ordinary Internet searches or overhears a conversation. However, supervisors may not intentionally run a search or request information over a social networking site that is “likely to result in uncovering genetic information.” 127 Maintenance of Genetic Information: If the employer possesses genetic information about an employee, such information must be maintained on separate forms and in separate medical files and must be treated as a confidential medical record of the employee.

Disclosure of Genetic Information: Genetic information regarding an employee shall not be disclosed except:

 to the employee or employee’s family members, at the written request of the employee;

 specified occupational or health research;

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in response to a court order;

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in compliance with FMLA;

 to a health agency pursuant to contagious disease outbreak.

Relationship to HIPAA: This chapter does not prohibit a covered entity under HIPAA from any use or disclosure of health information that is authorized for the covered entity under such regulations. However, it is important to note that the March 26, 2013, modifications to the HIPAA Privacy, Security, Enforcement, and Breach Notification Rules address the use of genetic information and prohibit health plans from using or disclosing genetic information for underwriting purposes, including plans to which GINA expressly does not apply. An exception to this prohibition exists for issuers of long-term care polices. 128

Privacy Issues in the Community College Workplace ©2019 (c) Liebert Cassidy Whitmore 46