A criminal investigation is underway after at least a dozen employees at the Department of Veterans Affairs improperly accessed medical files for JD Vance and Tim Walz.
A breach involving records of the Republican and Democratic vice presidential candidates, both military veterans, could amount to violations of federal medical privacy laws.
VA employees had accessed Vance’s records roughly two months ago, according to The Washington Post, which first reported the incident. The office of VA inspector general contacted both campaigns to alert them of the breach.
Terrence Hayes, a spokesman for the VA, said in a statement to The Independent that the agency has “reported to law enforcement allegations that VA personnel may have improperly accessed Veteran records.”
“We take the privacy of the Veterans we serve very seriously and have strict policies in place to protect their records,” Hayes added. “Any attempt to improperly access Veteran records by VA personnel is unacceptable and will not be tolerated.”
The agency referred The Independent to the Department of Justice for further comment.
Vance spent four years in the Marines and served a tour in Iraq in 2005 as a combat correspondent. Walz served 24 years in the National Guard and retired in 2005 before a run for Congress.
Officials at the VA had notified both campaigns about discovering that employees within the agency’s Veterans Health Administration healthcare arm did not have authorization to review their records, according to The Post, citing people familiar with the investigation speaking anonymously.
The office of VA Inspector General Michael Missal has reportedly shared evidence with federal prosecutors about the employees, which include a physician and a contractor who “spent extended time” reviewing medical files, according to law enforcement officials speaking to The Post.
Investigators are now trying to determine motivation, and whether any of those records were shared as a result of the breach.
An August 30 memo from VA Secretary Denis McDonough to VA staff on the importance of medical privacy states that veteran information “should only be accessed when necessary to accomplish officially authorized and assigned duties as an employee, contractor, volunteer, or other personnel.”
“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,” according to the memo shared with The Independent.
Failure to comply with those requirements “may result in disciplinary action, including removal, as well as referral to law enforcement for civil penalties and criminal prosecution,” the memo says.
News of the breach arrived hours before Vance and Walz participate in what is likely to be their only debate ahead of the presidential election.
The Ohio senator and Minnesota governor will spar inside the CBS Broadcast Center in New York City on October 1. Moderators include CBS Evening News anchor and managing editor Norah O’Donnell and Face the Nation moderator and chief foreign affairs correspondent Margaret Brennan.