DataBreaches.Net

Menu
  • About
  • Breach Notification Laws
  • Privacy Policy
  • Transparency Report
Menu

Amherst man’s gun permit reinstated; case raises questions about police access to medical records

Posted on April 15, 2013 by Dissent

There was a story from upstate New York that didn’t get my attention when I first read about it. A man was ordered to turn in his guns under New York’s new SAFE Act, allegedly because he had taken anti-anxiety medication and his mental health history made him a danger to himself or others.  His guns were returned to him after it was discovered that a mistake had been made and he was not the individual with the mental health history.  The case is raising questions as to whom is responsible for investigating before a referral is made to the courts to revoke someone’s permit or have them turn over their guns.

But there’s even more to the story, it seems, and some legislators and the man’s lawyer are raising questions about whether medical records are being scoured without warrants.  Capital Tonight reports that the man’s attorney, Jim Tresmond, is filing a lawsuit:

Tresmond claims while investigating the “mistake” he discovered that State police had examined his client’s medical records without a valid search warrant.  Tresmond said that’s a clear violation of federal and state privacy laws in addition to the New York State Criminal Procedure Law.

“This is not a simple case of mistaken identity. Mr. Lewis’ medical privacy was invaded and he was publicly defamed and humiliated by New York State officials,” Tresmond said.

Tresmond went a step further, accusing the State of creating a “clandestine HIPAA unit” within the Division for Criminal Justice Services, charged with examining New York residents’ medical records without warrant.

“I believe there are seven officers assigned to this unit, who are assigned to review those HIPAA files. And try to nab those people who are on certain medications, certain treatments, and then pull their licenses across the state,” said Tresmond.

A State Police spokesperson told YNN the accusations are “flat wrong.”

Read more on Capital Tonight.

In related coverage, Dan Roberts discusses the alleged HIPAA unit on AmmoLand, where he repeats a report that the unit was created at the request of Homeland Security.  At this point, there’s been no proof or named sources, however, so I’m not sure what we can make of all this.

No related posts.

Category: Uncategorized

Post navigation

← Schnucks discloses details of breach affecting 2.4M customers
Hong Kong DPA Finds Companies Violated Direct Marketing Rules →

Now more than ever

"Stand with Ukraine:" above raised hands. The illustration is in blue and yellow, the colors of Ukraine's flag.

Search

Browse by Categories

Recent Posts

  • Integrated Oncology Network victim of phishing attack; multiple locations affected (2)
  • HHS’ Office for Civil Rights Settles HIPAA Privacy and Security Rule Investigation with Deer Oaks Behavioral Health for $225k and a Corrective Action Plan
  • HB1127 Explained: North Dakota’s New InfoSec Requirements for Financial Corporations
  • Credit reports among personal data of 190,000 breached, put for sale on Dark Web; IT vendor fined
  • Five youths arrested on suspicion of phishing
  • Russia Jailed Hacker Who Worked for Ukrainian Intelligence to Launch Cyberattacks on Critical Infrastructure
  • Kentfield Hospital victim of cyberattack by World Leaks, patient data involved
  • India’s Max Financial says hacker accessed customer data from its insurance unit
  • Brazil’s central bank service provider hacked, $140M stolen
  • Iranian and Pro-Regime Cyberattacks Against Americans (2011-Present)

No, You Can’t Buy a Post or an Interview

This site does not accept sponsored posts or link-back arrangements. Inquiries about either are ignored.

And despite what some trolls may try to claim: DataBreaches has never accepted even one dime to interview or report on anyone. Nor will DataBreaches ever pay anyone for data or to interview them.

Want to Get Our RSS Feed?

Grab it here:

https://databreaches.net/feed/

RSS Recent Posts on PogoWasRight.org

  • On July 7, Gemini AI will access your WhatsApp and more. Learn how to disable it on Android.
  • German court awards Facebook user €5,000 for data protection violations
  • Record-Breaking $1.55M CCPA Settlement Against Health Information Website Publisher
  • Ninth Circuit Reviews Website Tracking Class Actions and the Reach of California’s Privacy Law
  • US healthcare offshoring: Navigating patient data privacy laws and regulations
  • Data breach reveals Catwatchful ‘stalkerware’ is spying on thousands of phones
  • Google Trackers: What You Can Actually Escape And What You Can’t

Have a News Tip?

Email: Tips[at]DataBreaches.net

Signal: +1 516-776-7756

Contact Me

Email: info[at]databreaches.net

Mastodon: Infosec.Exchange/@PogoWasRight

Signal: +1 516-776-7756

DMCA Concern: dmca[at]databreaches.net
© 2009 – 2025 DataBreaches.net and DataBreaches LLC. All rights reserved.