What do you think of this (privacy issue)?

[Tammi K]

The home phone just rang so I picked it up and noticed the Caller ID was from local university son is currently attending. Thinking his class tonight may have been canceled, I listened to the call. It was a recording that said ( abbreviated version);

 

This is campus police from local university. We are trying to locate FirstName LastName. He is weight lbs, height tall, and has hair-colored hair. We are very concerned about his health and safety and would like to find him as soon as possible. If you know his whereabouts please call campus police at xxx-xxxx.  For a photo please check your university email.

 

 

My fist thought was that this is an incredible invasion of privacy. But, on the other hand, perhaps they have a very good reason for concern. But, still, I'm not sure that they are benefiting him by announcing this to the entire student body. It felt invasive. I dunno'. What do you think?

 

 

ETA: I thought in light of the recent HIPPA comments/questions some of you might have input.

[idnib]

I think its fine if his parents or guardians agree. Someone going missing is not necessarily a mental health issue; he could have driven his car into a ditch.

[Jean in Newcastle]

I'd be very glad that a school my child went to cared so much for students that they would use all available means to find a student in need.  

[candicane]

I don't see it as an invasion of privacy but rather they're trying to find someone who is missing (could be for tons of reasons) and they're letting people know. Sounds pretty great of them, imo.

[zoobie]

I would assume his parents (or whomever) have filed a Missing Person report on him. I hope he's found safely. The sad case at UVa makes me ache for that girl's parents. What a fascinating new use for technology!

[Stacia]

I'm assuming it would be for an official missing person report. As such, I wouldn't consider that an invasion of privacy.

[redsquirrel]

The school only knows the student is missing if there has been a report. Someone has brought it to the administration's attention. Their best first step is to alert the student body, just in case his friends know where he is. Or maybe he told someone he was going somewhere for the week, or he has a favorite place to go when he is sad etc, etc. Contacting everyone seems like a good way to find out those things.

 

What do you think the school should do? How do you think they should handle it?

[bettyandbob]

I would assume his parents (or whomever) have filed a Missing Person report on him. I hope he's found safely. The sad case at UVa makes me ache for that girl's parents. What a fascinating new use for technology!

Yes, made me think of UVA. That young woman was reported missing after about 48 hours (late Sunday night people realized they had not seen her since Friday night/ early Saturday) I guess sending out a phone message like that can be part of a network of systems to notify the whole campus community.

[Artichoke]

Sounds like a missing student, and the school/campus security are doing all they can to locate him/her.  We occasionally see things like this on our local news, including a photograph,  so how would a university alert be any different?  To me, it's just another avenue of getting the word out. 

[Tammi K]

 

What do you think the school should do? How do you think they should handle it?

 

I'm not sure what I think should be done.  I can easily view this from several different perspectives.

 

Assuming the message is totally legit and they (campus police) are worried for his safety, as a parent I would be pleased to know they are taking that step to help someone's child.  I think the thing that initially concerned me is that I have no way of verifying WHY they want him since this info, as far as I can tell, wasn't released on any other local news media.  

 

I have no idea what prompted the call. I suppose the call could have been based on a missing person report.   But, could it be based on some other less noble reason the police are looking for him?  I just thought it was interesting and in light of the recent HIPPA conversation about privacy and  mental health dealings I wondered what people would think of this type of information being shared about their son with anyone who answered the phone.

 

Keep in mind, I wasn't the targeted audience. My son was. But, since it was a recording, it didn't care who picked up the call.

 

Obviously the proliferation of social media is a new and powerful way for law enforcement to locate those they seek.   I'm not against the idea. I'm just not sure where I stand with knowing that my whereabouts could be subject to public scrutiny.   I was interested in hearing a spectrum of views. I'm an older mom here so social media and complete transparency isn't quite as ingrained as it would be for some other, younger women here.   

 

So, what do I think should be done?

I really don't know. I was just curious what everyone else thought.

[Tangerine]

I'm thinking it is an efficient version of a missing poster, assuming the student has indeed been properly declared missing.

[justasque]

I would assume that if campus authorities were seriously concerned about the whereabouts of a student, they'd pretty early on in the process call the parents to see if the student was at home. I'm assuming both the school and the parents are deeply concerned about the missing student, and when that's the case, publicity is what you generally need, rather than privacy. Post-Virginia Tech, colleges are learning-by-doing when it comes to how and when to activate their phone alert systems, making missteps now and again along the way. It's a powerful new tool and it's not always easy to know when to use it and when not to. Sadly though, missing-persons situations that make it to this level of concern rarely end well.

 

If you want to know more about the circumstances in this case, you might check campus security's page on the college's web site, or other campus news outlets. (Or ask your student - it may be well-known among the student body at this point.)

[redsquirrel]

I'm not sure what I think should be done.  I can easily view this from several different perspectives.

 

Assuming the message is totally legit and they (campus police) are worried for his safety, as a parent I would be pleased to know they are taking that step to help someone's child.  I think the thing that initially concerned me is that I have no way of verifying WHY they want him since this info, as far as I can tell, wasn't released on any other local news media.  

 

I have no idea what prompted the call. I suppose the call could have been based on a missing person report.   But, could it be based on some other less noble reason the police are looking for him?  I just thought it was interesting and in light of the recent HIPPA conversation about privacy and  mental health dealings I wondered what people would think of this type of information being shared about their son with anyone who answered the phone.

 

Keep in mind, I wasn't the targeted audience. My son was. But, since it was a recording, it didn't care who picked up the call.

 

Obviously the proliferation of social media is a new and powerful way for law enforcement to locate those they seek.   I'm not against the idea. I'm just not sure where I stand with knowing that my whereabouts could be subject to public scrutiny.   I was interested in hearing a spectrum of views. I'm an older mom here so social media and complete transparency isn't quite as ingrained as it would be for some other, younger women here.   

 

So, what do I think should be done?

I really don't know. I was just curious what everyone else thought.

 

I am sorry, I don't get that.

 

Do you mean that the student maybe isn't missing and instead is being investigated for committing a crime? Because there are also avenues for that as well. The school doesn't have to lie about it.

 

Or do you mean that the police are not being noble in their search for him? That they have a bad motive for looking for him and are abusing their position as police?

[Arcadia]

This looks like a typical Amber alert. Just that Amber alert is for 17 and younger so the parents might have ask campus police to send out the alert instead.

Maybe he is missing and needs daily medications which he does not have on him.

[Jean in Newcastle]

In the US, we have a lot of laws protecting us.  If the student or his parents think his privacy has been violated, then they can sue the school or the campus police.  But I'm thinking someone (like the parents) gave permission for this to happen.  If police were to have some kind of illegal conspiracy against this student then it will be reported by someone and they will be called to task for it before the court of law.  If the student has done a criminal act of some kind (other than the more probably missing person's case where he might be a possible victim of accident or foul play) then why shouldn't the police look for him using this means in order to protect the rest of society?  

[LucyStoner]

Campus security often acts in conjunction with local law enforcement. I think it could be an amber alert type thing (he's missing) or perhaps a manhunt or whatever. Either way I don't have any problem with it whatsoever. They are using a technology to communicate their question rather than trying to talk to every single person on campus.

 

I assume he's most likely 18+ so I don't think his parents should need to consent. That would be kind of ridiculous. If someone is missing, the police should be able to (and are able to) look for them without getting permission from their parents regardless of age. If someone is wanted by the police, their mom and dad hardly need to permit the police to look for them.

 

If he is missing, it was probably his parents who reported it and they probably want all the help they can get to locate him.

[Artichoke]

  I just thought it was interesting and in light of the recent HIPPA conversation about privacy and  mental health dealings I wondered what people would think of this type of information being shared about their son with anyone who answered the phone.

 

 

I guess I'm just not following since HIPPA has to do with medical conditions and confidentiality, not crime or missing persons.  

[Artichoke]

This looks like a typical Amber alert. Just that Amber alert is for 17 and younger so the parents might have ask campus police to send out the alert instead.

Maybe he is missing and needs daily medications which he does not have on him.

I saw a silver alert this week for a missing senior with dementia.  I'm not sure if this is new or not since we usually don't have TV access. 

[Jean in Newcastle]

We triggered a silver alert for MIL last year.  I don't think it went past the police scanners before we found her.  I'm sure there are layers of who they notify when.  

[Arcadia]

I saw a silver alert this week for a missing senior with dementia. I'm not sure if this is new or not since we usually don't have TV access.

It's not new :) California started the silver alert in 2012, and Oklahoma started in 2006. Majority (42 states) now have a silver alert program.

[scholarly]

The information included in that recording is known as directory information under FERPA. It is considered public information and it is not considered a violation of privacy to release it. 

[ChocolateReignRemix]

Campus security often acts in conjunction with local law enforcement. I think it could be an amber alert type thing (he's missing) or perhaps a manhunt or whatever. Either way I don't have any problem with it whatsoever. They are using a technology to communicate their question rather than trying to talk to every single person on campus.

 

I assume he's most likely 18+ so I don't think his parents should need to consent. That would be kind of ridiculous. If someone is missing, the police should be able to (and are able to) look for them without getting permission from their parents regardless of age. If someone is wanted by the police, their mom and dad hardly need to permit the police to look for them.

 

If he is missing, it was probably his parents who reported it and they probably want all the help they can get to locate him.

 

+1 to all of this.  I am not getting how this is a privacy issue at all.

[Bootsie]

Do you know for sure that the person they are trying to find is a student?  If the individual is over 18, I would suspect that there is more going on than the fact that the person is "missing."  

[Spryte]

Campus security often acts in conjunction with local law enforcement. I think it could be an amber alert type thing (he's missing) or perhaps a manhunt or whatever. Either way I don't have any problem with it whatsoever. They are using a technology to communicate their question rather than trying to talk to every single person on campus.

 

I assume he's most likely 18+ so I don't think his parents should need to consent. That would be kind of ridiculous. If someone is missing, the police should be able to (and are able to) look for them without getting permission from their parents regardless of age. If someone is wanted by the police, their mom and dad hardly need to permit the police to look for them.

 

If he is missing, it was probably his parents who reported it and they probably want all the help they can get to locate him.

 

I agree with this, especially the bolded.  It may even be that his parents were concerned and called campus police for a well check, thus alerting the campus police that the student was missing.

 

It's basically a "missing poster", only delivered via phone/email.  I don't think it violates HIPAA, despite the fact that they mention his name and that they are concerned for his health and safety.  In fact, I think they worded it well (or your summary was nicely done!) and communicated the importance of finding him.

[SparklyUnicorn]

I think it is fine. 

 

[Tammi K]

I guess I'm just not following since HIPPA has to do with medical conditions and confidentiality, not crime or missing persons.  

Sorry if I wasn't clear. I'm not saying that it has anything to do with this particular case. What I was saying is that the recent thread where people expressed concern about a school not telling a parent where her child was and siting HIPPA as the reason prompted other conversation about privacy and mental health statement. I was pointing out that that conversation had me wondering what people would say in this situation about mental health information being given to the entire campus. That's the only connection. It occurred to me that because of that thread there may be some interesting responses from the hive in this situation. 

 

I am sorry, I don't get that.

 

Do you mean that the student maybe isn't missing and instead is being investigated for committing a crime? Because there are also avenues for that as well. The school doesn't have to lie about it.

 

Or do you mean that the police are not being noble in their search for him? That they have a bad motive for looking for him and are abusing their position as police?

 

 

If you want to know more about the circumstances in this case, you might check campus security's page on the college's web site, or other campus news outlets. (Or ask your student - it may be well-known among the student body at this point.)

That's where this is weird. DS came home and I asked if he heard about it. Yes, he had an email on his school account, his personal email, they call our house, and left a message on his phone. He had class today (that's where he was before he came home) None of the teachers said anything. 

 

There is nothing on the news or radio. I also checked the University alert page and there is nothing there.   So, other than a phone call that's all there is as far as I can tell.  I know that someone at the University Police office is trying to locate someone because they are concerned about his mental state.

 

In part, what I think is odd is that even if I know or happen to run into this guy, there is no additional info about this person anywhere I've looked. It doesn't look like officials other than the campus police are looking for him. 

[Jean in Newcastle]

It is not a violation of privacy to say that they are looking for help in locating a particular person.  It would be a violation of privacy to tell you all the details why - esp. if there are medical reasons involved.  So they are doing exactly what they should be doing.   

[Impish]

My guess is, permission to do this is granted in the piles of enrollement papers.

[LucyStoner]

The only place on most college campuses HIPAA applies is the student clinic and dispensary. If there is a teaching hospital on campus it also applies there. HIPAA has nothing to do with this, at least how I understand it. HIPAA is about healthcare (and more than just privacy), but is not about privacy in general. Some one is being looked for, their welfare is a concern for some not specifically stated reason. This could be anything and is not health information.

[Tammi K]

It is not a violation of privacy to say that they are looking for help in locating a particular person.  It would be a violation of privacy to tell you all the details why - esp. if there are medical reasons involved.  So they are doing exactly what they should be doing.   

 

The message did say there was concern for his welfare and mental health.  

 

I should have been more specific in my original post.  

 

[mamaraby]

None of the info given (name, height, weight, hair color) is really private if the person in question has a driver's license. Information you or I could easily access if we were so inclined and wanted to pay the fee.

 

On the flip side - how would you feel if the individual were at risk and the university did nothing? What if something were to happen to him. Would you be upset that the university did nothing to help?

 

I don't know that any other agency would be responsible here. If the university has a police dept then it would be their jurisdiction. Just because you don't see a report anywhere else doesn't mean that no one else is looking for him nor that other agencies in the area haven't been notified via official channels. It's not like police departments only communicate in easily searchable internet postings. Also, in my state, if someone is concerned for the safety or well being of another person, they can contact the police. If the police locate the person and determine that they are a danger to themselves or others, than they are required to act including a psychiatric hold (51-15).

 

It would appear based upon the information you have given that a) someone has reported that they are concerned for this person's safety and wellbeing and b ) that the appropriate agency is attempting to locate the individual. I'm not sure what nefarious purpose you suspect them of. Contrary to the opinions of some, I doubt the university police are so flush in cash that they'd be looking for the person without a justifiable reason.

[Tammi K]

 I'm not sure what nefarious purpose you suspect them of.

 Gah!!!!   Seriously,  none.

 

I suspect them of no nefarious purpose.

 

I was just curious. I was hoping someone would say, "I am in law enforcement and this is typical if we think someone may do self-harm." or "I'm in mental health care and we can't give that type of information but law enforcement can." or, as someone did say, "I think this is the type of permission you give when you enroll in college." 

 

I don't know if perhaps this kid got in an argument with a cop and stomped of in a huff, mumbling under his breath and the cop is now concerned with his 'mental health'.  

 

Really, that's all. I just wondered what the hive thought about using social media to announce that someone may not be of sound mind.

 

It appears that the hive in general thinks it's fine. I'm not trying to change anyone's mind. I just wondered how people felt about personal contact info- social media - being used for this type of contact instead of, in the old days, mass media. 

 

I was just curious. That is all. Really, nothing more than curiosity. 

[Bootsie]

 

 

It appears that the hive in general thinks it's fine. I'm not trying to change anyone's mind. I just wondered how people felt about personal contact info- social media - being used for this type of contact instead of, in the old days, mass media. 

 

How is social media being used?  I wouldn't consider a phone call, or even an email, as social media.

[Joanne]

I think its fine if his parents or guardians agree. Someone going missing is not necessarily a mental health issue; he could have driven his car into a ditch.

 

They should not have a (legal) say if the person in question is 18 or over. He should be the one to make that decision.

[candicane]

But it's not social media. It's a phone call. It's just like reverse 911.

[redsquirrel]

 Gah!!!!   Seriously,  none.

 

I suspect them of no nefarious purpose.

 

I was just curious. I was hoping someone would say, "I am in law enforcement and this is typical if we think someone may do self-harm." or "I'm in mental health care and we can't give that type of information but law enforcement can." or, as someone did say, "I think this is the type of permission you give when you enroll in college." 

 

I don't know if perhaps this kid got in an argument with a cop and stomped of in a huff, mumbling under his breath and the cop is now concerned with his 'mental health'.  

 

Really, that's all. I just wondered what the hive thought about using social media to announce that someone may not be of sound mind.

 

It appears that the hive in general thinks it's fine. I'm not trying to change anyone's mind. I just wondered how people felt about personal contact info- social media - being used for this type of contact instead of, in the old days, mass media. 

 

I was just curious. That is all. Really, nothing more than curiosity. 

 

Well, I think this is what social media is good for. What other kind of media should they use? Posters on the wall?  And you got a phone call, which isn't exactly considered a new social media, again, the college is covering all their bases. 

 

I think this is the perfect use of social media. I live in a college town and my dh works at the uni. He gets campus wide emails all the time. Weather alerts, closing of buildings and very rarely about a missing student and at least once a year notification of a death. I follow the college in twitter and the same thing he gets in his email shows up on twitter.

 

 

[Tammi K]

How is social media being used?  I wouldn't consider a phone call, or even an email, as social media.

 

I mentioned previously: I got a phone call.  My son got an email on his school account, his home email account, and a message left on his cell phone.   But, I guess you're right, That isn't social media. I was thinking that cell, email, and home phone was a pretty big net, that's all.

 

[mamaraby]

I was just curious. I was hoping someone would say, "I am in law enforcement and this is typical if we think someone may do self-harm." or "I'm in mental health care and we can't give that type of information but law enforcement can." or, as someone did say, "I think this is the type of permission you give when you enroll in college."

 

I don't know if perhaps this kid got in an argument with a cop and stomped of in a huff, mumbling under his breath and the cop is now concerned with his 'mental health'.

So then the answer to your question is yes, this would be a welfare check. It's likely that they have already attempted a welfare check at his known locations and were unable to locate him so now they are looking further. In other words, they were already looking before the alert went out.

 

As for the example you give no. If the officer thought the person was a danger to himself or others because of the stomping off and mumbling then they wouldn't have let the person go, they would have intervened then. They would also have to have had evidence beyond stomping off and mumbling. They'd have to believe that the person was a danger to themself or others. Stomping off, mumbling, threatening, swearing, and arguing with an officer is a fairly normal occurence. If that were enough to trigger the alert in question, phones would be ringing off the hook, IYKWIM.

[shage]

I mentioned previously: I got a phone call.  My son got an email on his school account, his home email account, and a message left on his cell phone.   But, I guess you're right, That isn't social media. I was thinking that cell, email, and home phone was a pretty big net, that's all.

You can read the HIPAA privacy rules for mental health here:

 

http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/mhguidance.html

 

But the gist is that yes, in some circumstances mental health professionals can contact law enforcement with protected information, and law enforcement has a fair amount of discretion as to how to handle it, including doing well checks and sending out alerts to find people.

 

 

There was a letter from the Secretary of Health and Human Services that went out in 2013 that more or less encouraged a very public canvassing style approach in cases where there was a risk of school shootings.

 

It varies by part of the country. In California, the duty to warn (a la Tarasoff) is taken very seriously IME especially for patients that have a history of incarceration or involuntary psychiatric holds.

 

I would not assume that this individual has this type of history, though, because it may be a reflection of a super cautious administration.

[Tammi K]

You can read the HIPAA privacy rules for mental health here:

 

http://www.hhs.gov/ocr/privacy/hipaa/understanding/special/mhguidance.html

 

But the gist is that yes, in some circumstances mental health professionals can contact law enforcement with protected information, and law enforcement has a fair amount of discretion as to how to handle it, including doing well checks and sending out alerts to find people.

 

 

There was a letter from the Secretary of Health and Human Services that went out in 2013 that more or less encouraged a very public canvassing style approach in cases where there was a risk of school shootings.

 

It varies by part of the country. In California, the duty to warn (a la Tarasoff) is taken very seriously IME especially for patients that have a history of incarceration or involuntary psychiatric holds.

 

I would not assume that this individual has this type of history, though, because it may be a reflection of a super cautious administration.

 

Thank you. That was very helpful. I appreciate it. 

 

[shage]

Thank you. That was very helpful. I appreciate it.

Google "hipaa letter to providers 2013" and the letter I mentioned should pop up. It is a PDF and I am not sure how to link it otherwise.

 

The letter is a short read but gives clarification on situations involving public safety.

[Mommyof4ks]

College 'kids' are adults, so it is really not up to the parents. It is really no different than mass media posting a picture and description on TV, but given that many college kids are not from the immediate area, the best place to start notifying people would be within the campus where his friends would be able to start checking the places they know he goes. It would likely be a waste of time to broadcast to the whole town when he will probably not be seen by a random stranger. If he is not found on campus, then a broader missing persons report may be filed.

 

Now that I think about it, this might be more private than mass media, because it is contained within the campus rather than plastered on TV. The phone call led people to check their email, so I think that is more respectful than plastering his picture on the school's website for anyone to see. I think the school is using the tools available, and I hope they find him. It does not really matter why they need to find him, but I am sure there is a good reason. Colleges have a reputation to maintain to keep enrollment up and money coming in.

[Spryte]

OP, have they found him?  I hope so.

 

I was that parent, the one who had to call and have a well check done on a college kid - more than once.  

 

I replied yesterday to your post, but found myself worried about this last night.  I hope they've found the missing person, and that he is safe.

[Joanne]

I don't see a problem with it. The "fact" that Profs and Staff aren't saying anything is actually good - it is therefore more likely that it is not being gossiped about or "talked up" unprofessionally.

 

The lack of details, IMO, demonstrates care and concern for privacy.

 

ETA: The protection of mental health issues is expected of medical and mental health providers, not law enforcement, campus staff, or lay persons.

[Acorn]

Missing people reports for adults usually only make news reports if th e missing person is a young white female.