Utah Civil Rights Legal Questions

It depends.  HIPAA is a federal law that applies mostly to care providers, and the Privacy Rule is a part of that statutory scheme.  Under the Privacy Rule, a care provider is only allowed to use or disclose your information in certain situations, particularly in connection with their operations, or with your authorization.  But even if a care provider does release your information, there is no provision in the law that allows you to sue in court for a breach of privacy.  An individual who believes that his or her HIPAA rights have been violated must follow the administrative procedure by making a report to HHS.... Read More

The U.S. Supreme Court has consistently found that children at school have a reduced expectation of privacy in comparison to the general public.  The Fourth Amendment only protects any of us from unreasonable searches.  Generally, this means that there must be probable cause before a government agent can search your bags or your person.  But in school, the government interest in keeping order and protecting children's safety outweighs the need for probable cause, and officials can detain and search children on just "reasonable suspicion."  This means that the official has to have some knowledge that makes it moderately probable that he will find evidence.  Probably the wrongdoing in question has to be a violation of school policy or the law.   Once there is reasonable suspicion, the official can only be so intrusive as necessary and supported by the suspicion.  In one case, the Supreme Court decided that having a 13 year old stretch out her bra and underwear was unconstitutional because the principal did not have any information that could make him believe that she was hiding pills in her underwear. Your child's case probably turns on whether the vice principal had enough information to raise a reasonable suspicion of smoking, and whether smoking is a violation of law or policy, or poses a significant danger to the students.  It probably also depends on just how invasive the search was.  If he had her do anything that would expose her private parts, that is much more likely a constitutional violation. This answer is not intended to be legal advice.  What you should do in your situation depends specifically on the circumstances, and you should speak with a lawyer at length about your case. If you are interested in making an appointment, I would be happy to make a time for us to speak.... Read More