If your records are subpoenaed for a legal proceeding, they become a public record. Ask the court to allow only a specific portion of your medical record to be seen or not to be open at all. A judge will decide what parts, if any, of your medical record should be considered private. Find out if your health care provider has a policy on the use of cordless and cellular phones and fax machines when discussing and transmitting medical information. Because they transmit by radio wave, phone conversations can be overheard on various electronic devices.
Fax machines offer far less privacy than the mail.
Frequently many people in an office have access to fax transmissions. Staff members at all levels of the organization should take precautions to preserve confidentiality when sending and receiving medical documents by fax machine. This includes doctors' offices, hospitals, mental health facilities and clinics. Most medical offices ask that you make your request in writing. If the health care provider will not release your records, ask for a written letter of denial.