Originally Posted by
tomgoodman
Could the FAA argue that an applicant for a medical certificate has given implied consent to verification, at least against any previous statements made to the Federal Government?
Probably. There seems to be policy precedent both ways on that.
I think as a default...
Info maintained by the FAA is NOT healthcare related. It is obtained and used to maintain aviation safety, and can probably be used in a reasonable manner for that purpose (ie shared with LE/DOJ, but not posted on the internet for all to google).
Info maintained by the VA seems healthcare-related to me, and as such seems like it should be more protected (HIPA) than the same info held by the FAA.
I think as a starting point, the VA should NOT allow blanket FAA/DOJ fishing expeditions to access all their data. But I suspect that some enterprising federal lawyers might possibly be able to find a loophole, especially while waving the "safety of the flying public" flag.
But I don't know for sure, just know that it's complicated and there is a real risk if you're gaming the system. Point being, don't game the system and if you are, try to get it "corrected" asap.
Of course, any hint of probable cause obtained by other means opens any and all records to subpoena. That may have been what happened in these cases.