Flashcards Studio

Arielle Santos, a private individual, discovers that MedTech Insights, a private health-data broker, maintains a 2019 entry indicating she underwent psychiatric treatment, an item that a court had expunged in 2020. MedTech Insights continues to disseminate the entry to private insurers and potential employers through its subscription service. Arielle files a petition for habeas data under A.M. No. 08-1-16-SC seeking (i) correction or deletion of the 2019 entry; (ii) an order restraining further processing and dissemination of the item; and (iii) notice to third-party recipients to cease relying on the item. MedTech moves to dismiss, arguing that habeas data applies only to public records. Discuss:   (a)whether habeas data extends to private data controllers and the proper remedy under A.M. No. 08-1-16-SC; (b)the scope of relief, including the effect on third-party recipients and whether notice or restraints on further use are warranted; (c)the relationship between the Data Privacy Act and habeas data, including potential conflicts or limitations.