The Wisconsin Coalition Against Sexual Assault purchased a state surplus computer for 20 dollars and found that it contained the
medical records of more than 600 people. Upon discovering the records, the coalition’s executive director began erasing them from the computer. Before erasing all the records, she decided to make a copy of those that had not been erased. She then provided about 500 names and data to a state representative and erased all the original records. Upon receipt of the records, the state representative was concerned because he did not want patients upset because their medical records were made public and because it was a potential liability for the state. Wisconsin has a statute that prohibits the “knowing and willful” release of medical records and requires a showing that there was a willing disregard. Was there a willing disregard?
