There are a lot of commenters responding to this that appear to be confused about the Constitution and government power in the US.
The federal government has the power to regulate the conduct of private actors and to regulate the activity between private actors. The Civil Rights Act is an obvious example.
Relevant to this discussion, obviously HIPAA regulates how certain private actors must treat the data of other private actors, aka patients.
It's probably confusing because the first ten amendments to the Constitution, known as the Bill of Rights, primarily restrain government power. These were enacted because people believed that the original articles granted the federal government too much power. Amendments alter the existing document. Just like the articles in the original document, an amendment can also authorize government powers.
The 13th amendment is a clear example of an amendment that authorizes government power and restrains the conduct of private citizens. It abolished slavery and gave Congress the power to enforce the prohibition.
An amendment can absolutely be written to establish a right to privacy against other private actors and authorize Congress to enact regulation to enforce that right.
The federal government has the power to regulate the conduct of private actors and to regulate the activity between private actors. The Civil Rights Act is an obvious example.
Relevant to this discussion, obviously HIPAA regulates how certain private actors must treat the data of other private actors, aka patients.
It's probably confusing because the first ten amendments to the Constitution, known as the Bill of Rights, primarily restrain government power. These were enacted because people believed that the original articles granted the federal government too much power. Amendments alter the existing document. Just like the articles in the original document, an amendment can also authorize government powers.
The 13th amendment is a clear example of an amendment that authorizes government power and restrains the conduct of private citizens. It abolished slavery and gave Congress the power to enforce the prohibition.
An amendment can absolutely be written to establish a right to privacy against other private actors and authorize Congress to enact regulation to enforce that right.