We reported last month that Don Rolph, AB1PH, had petitioned
the FCC to permit encryption of certain sensitive information in the course of
emergency and emergency-preparedness communications, to avoid running afoul of
privacy restrictions in HIPAA, the Health Insurance Portability and
Accountability Act. When the FCC posted the petition for comment, the ARRL filed
comments in opposition, pointing out that HIPAA rules apply only to health care
providers, insurance companies and health care clearinghouses, and ARRL Letter, the League also said it is unaware of any
instances in which served agencies have been reluctant to use amateur radio as
part of their emergency or disaster plans because of personal privacy issues.
The timing of this filing was unusual for the ARRL, which usually waits until
the FCC issues a Notice of Proposed Rule Making before filing formal
comments on petitions.
that there never has been an expectation of privacy in amateur radio communications. According to the