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Medical Health Disclosure vs. Steve Jobs' Privacy

An anonymous reader writes "The New York Times is saying that Steve Jobs doesn't have cancer, but that he needs to disclose all the information about his medical condition so investors can decide. Gizmodo's strong rebuttal says that everyone has the right to keep medical records confidential. They argue that, if prominent US presidents legally kept their grave illnesses secret — even while the security of the country was at stake — a simple CEO should be able to do the same: 'Steve Jobs has the right to keep his medical records private for as long as he wants. Like FDR. Like JFK. Like any single person in this country and the world. It's our right, as humans, to do so.'"

25 of 362 comments (clear)

  1. Sure, they have that right. by zonky · · Score: 5, Insightful

    And surely the public/investors in view of a lack of a full disclosure have the right to sack/not elect politicians/CEO's who will not disclose potentially pertinent information about their ability to work in their role.

    1. Re:Sure, they have that right. by Harmonious+Botch · · Score: 5, Insightful

      And surely the public/investors in view of a lack of a full disclosure have the right to sack/not elect politicians/CEO's who will not disclose potentially pertinent information about their ability to work in their role.

      There is a difference between CEOs and presidents. You can dump your stock any time you want and reinvest in other companies with other CEOs. But you can't call up your broker and say: "Sell all my Bush, buy Obama at 40", and expect to have a new president.

    2. Re:Sure, they have that right. by maxume · · Score: 3, Insightful

      There is a big difference in believing it is reasonable information to base a decision on and believing that everybody should be able to take the information into account for every vote.

      Sure, if enough people feel that way, it suggests that disclosing your medical records is a reasonable step to take if you are running for office, but it is a whole long ways from requiring it.

      --
      Nerd rage is the funniest rage.
    3. Re:Sure, they have that right. by necropsy · · Score: 5, Insightful

      "If you have nothing to hide, you wont mind if we talk a look around..." ;p

    4. Re:Sure, they have that right. by Anonymous Coward · · Score: 3, Insightful

      False dilemma. Politicians have a right to keep their medical records private _and_ people have the right to not vote for them because of it. You can't force someone to publish their medical records nor can you force someone to vote a particular way despite a candidates decision to keep those records private. Neither right can be curtailed.

    5. Re:Sure, they have that right. by MrMarket · · Score: 3, Insightful

      New flash: Steve Jobs will not live forever. Invest accordingly.

    6. Re:Sure, they have that right. by centuren · · Score: 5, Insightful

      To refuse you would have to be asked. I don't think any one needs to ask Obama for his records but McCain (or even Paul who I would rather see as President), most certainly. But if Obama were to be asked and then refuse, well then that would smell to me.

      If Paul or Obama disclosed medical records when asked, that would "smell" to me more than if they did not. In that situation, I expect a President or Presidential candidate (especially a Libertarian like Paul) to stand firm on the issue of privacy.

      In terms of the head of a private company, regardless of how much one person is perceived to be responsible for the firm's success, I don't see sufficient shareholder reason to warrant disclosure. Even if his records showed he had cancer, it would still just be speculation about his abilities.

      If anything, it seems counter to shareholder interest for him to disclose the records, and as for potential investors, they can invest or not. Jobs works for Apple. If he is a tipping point for someone to invest, well, he might get hit by a truck tomorrow regardless.

    7. Re:Sure, they have that right. by penix1 · · Score: 3, Insightful

      Well the problem in this case,and I'm not trying to flame here, is that way too many folks in the media and Mac fans have built up this whole "Temple of Steve" thing to the point that i have no doubt that if Steve Jobs was to get killed in a car crash tomorrow that their stocks would take a significant hit.

      And I would call that a correction in an over valued stock. Any company that is that volatile that their stock would take a significant hit if the CEO were to go tits up is over valued. It means people don't have faith in the company or its products enough to trust the job to anyone else. The high value you are seeing then isn't in the company in that case but instead is in the individual CEO.

      --
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  2. Uh huh ... by ScrewMaster · · Score: 5, Insightful

    'Steve Jobs has the right to keep his medical records private for as long as he wants. Like FDR. Like JFK. Like any single person in this country and the world. It's our right, as humans, to do so.

    Sure, sounds great. Someone should tell the insurance companies and medical transcription outfits about that, though. They have no problem spreading our health information all over the goddamn planet.

    --
    The higher the technology, the sharper that two-edged sword.
  3. Investors can still decide by 91degrees · · Score: 5, Insightful

    Steve Jobs may or may not have cancer. He also may or may not get shot by a crazed Windows fanboy tomorrow. Make the investment in Apple with full knowledge that there is a risk, and estimate what the risk is. Or decide that the risk is too high and don't.

    It's not up to Steve Jobs to make it easy for you!

    1. Re:Investors can still decide by hedwards · · Score: 3, Insightful

      No, no, no a crazed Windows fanboy would almost certainly shoot the other Steve. You know the gremlin that enjoys tossing chairs?

      You're thinking of the crazed Mac fanboy when he discovers that he's been gouged by a ruthless corporation which inevitably goes to the dark side the way that MS and Google have.

  4. Re:the difference by Tablizer · · Score: 3, Insightful

    [per president argument] the difference is that my money is invested in apple, not the usa.

    Our money and our life. The Whitehouse's actions affect both our economy and our safety.

           

  5. Investors these days. by Anonymous Coward · · Score: 5, Insightful

    This is why they say that investing involves risk. There are lots of things you don't know and pretty much have to bet on.

    Let's see these investors disclose all the details about their internal operations first.

    Besides, if Apple can't survive without Steve Jobs, then neither he nor the board is doing their job. Oh, wait, long-term investment... nobody does that any more. Right, sorry, my bad.

  6. If you think your investment hinges on the.. by Anonymous Coward · · Score: 4, Insightful

    ... health of a single individual, it's probably a bad investment.

    Even if a CEO had cancel or some other health issue, it isn't necessarily going to be debilitating condition. Business and political leaders can be skating at the edge of death, but they can still be good leaders.

  7. Steve Jobs' plan for Apple by codeonezero · · Score: 5, Insightful

    Given the amount of time Jobs has been back at Apple, and proof of his long term planning strategies (Think OSX86 since 2002 or so? someone remind me), shouldn't investors be looking at Apple for more such long term strategies already underway instead of simply basing their decision on Jobs alone?

    I know Jobs is a victim of his own success, with everyone wanting to pry into his private life to see if the "second coming" of Apple will end with him or not. But surely anyone paying attention to what Apple has been doing can use that information to make smart investment decisions instead of basing it all on one man?

    There are some very talented people at Apple from what I've seen (people I've met who work at corporate on iphone dev, macosx dev, , etc). I would be surprised if Jobs didnt put in place project leads and managers with vision to supplement or augment his own.

    Remember this is not like when Jobs got kicked out because Apple needed to "grow up" and Jobs being ousted as the "not grown up enough" element in the company. He's proven himself very capable of getting very good people together to accomplish the projects and goals in mind.

    Personally, I feel that if Jobs stepped down Apple could continue to do quite well. Several years ago, I wouldn't be so sure. I'd sure be interested in someone put some time into evaluating possible choices to take over Jobs job :)

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    int main (void) { ... }

  8. Strong rebuttal? WTF? by MillionthMonkey · · Score: 5, Insightful

    Gizmodo's strong rebuttal says that everyone has the right to keep medical records confidential.

    While this may be true, it does not naturally follow that exercising a right should have no negative consequences, such as a fall in the price of a security. A "right" in this sense pertains to the force of law, not a public relations disaster within the investment community.

    I mean, Steve is free to keep his personal secrets, and I'm free not to buy stock in his company. His business is his business, but my business is my business too, and if I'm investing in his company, our businesses overlap. How could this possibly be redressed? What possible legal remedy could compel me to invest in companies without (rather stupidly) taking possibly unhealthy CEOs into account? Tax breaks?

    People don't understand what a right is. It doesn't mean nothing bad is legally allowed to happen if you make a choice you are entitled to make. A right circumscribes the limits of legislation. And no law is forcing Steve Jobs to expose his medical history, nor does any corporation or individual have the power to legally force him to release this information. Apple cannot cite stock price losses as damages. They are also not required to present his health information to any outside entity, in accordance with his legal rights to protect that information. But I don't see where they are. He's reacting to negative articles and political developments both inside and outside his company, and his legal rights have nothing to do with these things.

    He does have an informal "right" to be sick without people reacting to his secrecy about it. But this is not a right in a legal sense, because violating it is not a criminal act any more than just being a jerk.

  9. Re:Precedents by geekboy642 · · Score: 3, Insightful

    His inability to speak at the same level as intelligent people has nothing to do with his mental defects. His cornball accent and mannerisms are deliberate.

    --
    Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
  10. Sure he has a right to withhold by nurb432 · · Score: 3, Insightful

    But the stock holders also have the right to bail out due to rumors.

    Steve has to decide which is more important to him, privacy or stockholders.

    If i had his bank account, i think id choose privacy.

    --
    ---- Booth was a patriot ----
  11. Re:So, is Apple just one man? by nurb432 · · Score: 4, Insightful

    Any charismatic CEO/founder is in effect 'the company' as far as public perception goes.

    Its part of the curse.

    --
    ---- Booth was a patriot ----
  12. It's a matter of PR, I guess by Moraelin · · Score: 4, Insightful

    Well, I guess PR can occasionally be a two edged sword, and we're kinda seeing the back edge of it now.

    Apple's PR machine is telling everyone that only Steve Jobs matters. X got finished only because The Great Man Steve Jobs yelled at the engineers to get it done already. (Apparently the lazy louts weren't getting anywhere without Him personally throwing tantrums;) Y was tested personally by The Great Man, and because He said where the buttons should go or how loud the volume should go. (Obviously, nobody else figured out usability around those parts;) Z happened only because The Great Man _didn't_ yell at the engineers for a change, and just scared them with his iciest stare. (No, seriously, apparently they weren't getting anywhere before that, and suddenly all was on track afterwards.) Etc.

    The message the ouside world is fed, repeatedly, is that he's the big genius there and everything only happens because of him.

    So, you know, I would worry too if (A) I'd actually believe that, and (B) had any Apple shares.

    It's a bit, you know, like betting a bunch of money on the Sixtine Chapel back then, and then hearing half-way through that Michelangelo is terminally ill. Damn right you'd worry.

    Or a bit as if the Catholic Church announced that God is fed up and everyone up there is moving to another universe as their next project. I'm sure the question would come, "well, without Him, what's the point of staying with this church any more?" ;)

    --
    A polar bear is a cartesian bear after a coordinate transform.
  13. Re:Singling out Apple is inappropriate... by fishbowl · · Score: 3, Insightful

    >I'm not sure I know what is or isn't owed to the public in the way of medical disclosure

    I'm quite sure I know.

    His medical information is private for the same reason yours is. It really is that simple: Either he has a right to this privacy or YOU DON'T.

    But you do have that right. End of story. For a slashdot crowd, people sure do seem quick to want to abridge rights.

    --
    -fb Everything not expressly forbidden is now mandatory.
  14. Some Companies Are Their CEO by OakLEE · · Score: 4, Insightful

    I wouldn't personally invest in a company that was that precariously positioned... I'm not entirely sure which it is, but surely a properly priced company isn't in such a precarious position where one individual getting hit by a bus would crush it the way that the NY Times is suggesting.

    There are plenty of company's where the CEO's management warrants a premium P/E multiple. If Warren Buffet were to die tomorrow, Berkshire Hathaway's stock would suffer. If Bill Gates had died during the mid 90s, you can bet Microsoft's stock would have cratered. John Chambers (Cisco), Satoru Iwata (Nintendo), Laksmi Mittal (ArcelorMittal), Rupert Murdoch (News Corp.), these are just a few instances where the CEO is basically the franchise. If you want an example of what a bad CEO can do look at Carli Fiorina (HP), Angelo Mozilo (Countrywide), Jimmy Cayne (Bear Stearns), or Hector Ruiz (AMD).

    A CEO (and management in general) is an asset to a company just like a manufacturing plant, cash, or inventory. However, unlike the aforementioned, the value of a company's management cannot be accurately reflected on a Balance Sheet. Instead a CEO's or management's (in)effectiveness if often reflected in the stock price, specifically the premium or discount to which the stock trades compared to its competitors.

    For example, Apple's Forward P/E is currently 30 while Microsoft and Dell are trading at about 18 and 19 respectively. A good portion of that premium is due to the fact that Steve Balmer and Michael Dell are failing at leading their respective companies, while Steve Jobs has done a bang up job at spearheading Apple's product development.

    Now, if you don't want to invest in companies that depend on a key man or group, that's you're prerogative. No risk, no reward. But there are people that do (and from the list above you can see it does pay off), and to them knowing Steve Job's health is an important concern.

    --
    The sun beams down on a brand new day, No more welfare tax to pay, Unsightly slums gone up in flashing light...
    1. Re:Some Companies Are Their CEO by Hijacked+Public · · Score: 4, Insightful

      Yes, human capital and all that.

      All those people who invest based on their estimation of that human capital are welcome to ask for medical records, get told to fuck off, and exercise their prerogative to buy or sell stock accordingly.

      --
      "Sacrifice for the good of The State" - The State
  15. Re:It's the Business section. by Fulcrum+of+Evil · · Score: 3, Insightful

    So anything that isn't 100% cruel capitalism is evil socialism? I'd hate to live in your world.

    --
    "We returned the General to El Salvador, or maybe Guatemala, it's difficult to tell from 10,000 feet"
  16. I think that he has a right to keep it quiet by Wyatt+Earp · · Score: 4, Insightful

    I'm a cancer survivor, two different cancers and a relapse, and I've survived a hemorrhage in my brain *and* a non cancerous tumor in my neck. And I understand Steve Jobs desire to keep things quiet.

    I don't think that illnesses in anyone, even public officials, should be public knowledge.