Unauthorized Access to VA Records of High-Profile Figures Sparks Investigation

VA

The Department of Veterans Affairs (VA) is investigating employees for unauthorized access to the medical records of JD Vance and Tim Walz, both vice-presidential nominees and veterans.

At a Glance

  • The Justice Department is investigating reports of VA employees illegally accessing health records of VP candidates Tim Walz and JD Vance.
  • Records were improperly accessed by at least twelve VA employees, including a physician and a contractor.
  • VA Secretary Denis McDonough stressed the importance of respecting privacy laws and warned of severe repercussions.
  • Both political campaigns were notified; however, neither has made a public comment.

Unauthorized Access Revealed During Routine Audit

The Department of Veterans Affairs (VA) has discovered that employees, including a physician and a contractor, improperly accessed the medical records of vice-presidential nominees JD Vance and Tim Walz during a routine audit. This breach has prompted an investigation by the Justice Department.

VA press secretary Terrence Hayes reported that the unauthorized access, uncovered by Veterans Affairs investigators, was immediately referred to the Justice Department. The accessed records include medical files but do not involve disability or benefits information.

Impact on Political Campaigns and Veterans’ Privacy

This incident comes at a critical time as both Tim Walz and JD Vance, who are veterans, campaign for the vice-presidential post. Walz served 24 years in the Army National Guard, while Vance served in the Marine Corps for four years. Their campaigns were informed of the privacy violation, though no public comments have been made by either side.

“We take the privacy of the veterans we serve very seriously and have strict policies in place to protect their records,” he said. “Any attempt to improperly access veteran records by VA personnel is unacceptable and will not be tolerated.”

The VA’s act of notifying the campaigns underscores the gravity of the situation. The results of this investigative process will likely have profound ramifications for VA policies and perhaps even the upcoming elections.

Potential Legal Repercussions for Unauthorized Access

VA Secretary Denis McDonough addressed the severity of the issue in a department-wide memo, emphasizing that the protection of veterans’ records is of utmost importance. McDonough warned that violations could result in disciplinary actions, including removal and possible civil and criminal penalties.

“Viewing a veteran’s records out of curiosity or concern — or for any purpose that is not directly related to officially authorized and assigned duties — is strictly prohibited,” McDonough wrote. “Failure to comply with these requirements may result in disciplinary action, including removal, as well as referral to law enforcement for civil penalties and criminal prosecution.”

Evidently, the access to these records by VA employees was mostly carried out using VA computers from government offices, and several employees defended their actions by citing curiosity about the candidates’ military records. This motive is still under investigation, and it remains unclear whether any accessed information was shared or misused.

Historical Context and Broader Implications

The breach of JD Vance and Tim Walz’s medical records is not an isolated incident but part of a pattern of improper access to sensitive information during political campaigns. Recent years have witnessed various breaches, including unauthorized attempts to access President Joe Biden’s medical records and the improper release of military service records of several Republican congressional candidates in the 2022 elections.

Such breaches not only violate federal health privacy laws but also undermine trust in institutions meant to protect veterans’ privacy. The VA’s effectiveness in addressing and rectifying these issues may face close scrutiny in the upcoming months as the investigation unfolds.