Being undocumented is a risk factor for mental illness, and immigration status relates prominently to overall health. That’s enough to consider it protected health information under the Health Insurance Portability and Accountability Act Privacy Rule.
AMA J Ethics. 2019;21(1):E32-37. doi:
10.1001/amajethics.2019.32.
Cynthia E. Schairer, PhD, Caryn Kseniya Rubanovich, MS, and Cinnamon S. Bloss, PhD
Questions about data privacy need to be addressed when research institutions negotiate with companies developing mobile health applications. Commercial terms of use and data sharing notifications should be reviewed before use in human subject research settings.
AMA J Ethics. 2018;20(9):E864-872. doi:
10.1001/amajethics.2018.864.
Because maintaining strict confidentiality is often untenable, or even illegal, determining the extent of protections in the postmortem context ultimately entails a weighing of the various interests at stake.