Personal and personally identifiable information in University records, and those records themselves, are protected by a wide variety of privacy laws and University policies (Family Education Rights & Privacy Act [FERPA] and PACAOS 130.00, Health Insurance Privacy and Accountability Act [HIPAA] and Confidentiality of Medical Information Act [CMIA], to name a few).  As a University employee, you are required to maintain the confidentiality of personal and personally identifiable information, and records containing such information. The University generally requires federal immigration enforcement officers and other law enforcement officers to produce a valid subpoena authorizing the disclosure of student or patient records that contain personal or personally identifiable information. Federal officers generally have no greater access to student or other University records than any member of the public unless they have a valid subpoena.

If you receive a request for personal or personally identifiable information or records containing such information, or if a federal immigration enforcement officer gives you a warrant or subpoena seeking such records or information, you should take steps to ensure that you have authority to provide access to the specified records or information. Ask the officer for their name, identification number and agency affiliation; ask for a copy of any warrant or subpoena presented, inform the officer that you are not obstructing their process but need to contact Campus/Medical Center Counsel for assistance, and contact Campus or Medical Center Counsel.

For patient records covered by CMIA, the law generally requires disclosure to federal immigration enforcement officials if they produce a judicial warrant or subpoena authorizing the disclosure of patient records containing protected health information. HIPAA permits disclosures that are required by other laws such as CMIA.  HIPAA also permits, but does not require, disclosure in other circumstances — e.g., where the law enforcement official is seeking a fugitive or person suspected of committing a crime, where the health care facility suspects that a crime has been committed on the premises, and other circumstances. (Different rules may apply to a subpoena or judicial warrant for psychotherapy notes or records.)