For example, let's say you and I are neighbors. Our other neighbor is pregnant, and I find that out only because I work for her doctor. It would be illegal for me to tell you, but if I did, it would not then be illegal for you to tell someone else. I am the only one that could be prosecuted in that situation.
had a court case where this type of “washing” was an issue. The privacy was not washed because one party had a third party actually perform the violation. VERY Respectfully, your are incorrect. you should check the legal aspects again. The law in not that simplistic.
Having someone else rob the bank for you does not keep you innocent.
Technically, I belive you are correct, however, the NYT can not claim First Amendment protection if it KNOWINGLY prints material that is illegally released. Palin could then file a lawsuit against the Times. I would bet that this story was sent to the Times legal department and they would know the information was gained as a result of a HIPAA violation.
A good corporate attorney should advise them to keep at arms length away from this, but the Slimes being what they are, probably decided to go with it anyway. I think there could be severe CIVIL ramifications if it shown that the Slimes knew it was protected information and they published it anyway. Further, I’d like to see the Palins hire a lawyer...say like Dr. Levin to pursue this in a court of law. Heck, maybe even Allen D. would love to take a chunk out of the NYT.