I’ve blogged about the issue of medical privacy rights of the dead a number of times over the past few years, including a case in Nebraska, another case in Connecticut, and even the rights of mummies. It’s a complex issue because depending on how far back one goes and what one is researching, one might encounter PII or PHI that could affect living descendants.
Melissa Dribben has a thoughtful article on the Philly.com about how HIPAA’s privacy protections – which have yet to be amended in this regard – are blocking medical research. You can read her article here.