Is the Attorney-Client Privilege a Privilege of the Rich? Federal HMIS Database Reporting and Homeless Client Confidentiality

The Homeless Management Information System (HMIS) is a new database reporting system mandated by the Department of Housing and Urban Development to track the usage of HUD services by homeless people. The HMIS requires collecting identifiable personal information about the individuals who use the services and entering that information into a database that enables information sharing and referral services. This comment arose out of an investigation into the HMIS database and confidentiality issues that I did while working at Legal Services of Greater Miami, Inc., as part of the Homeless Legal Assistance Project in the summer of 2009. As this article demonstrates, the requirements of federal law and HUD regulations are incompatible with the attorney’s duty of client confidentiality. This article argues against the current model by which client consent to data sharing is obtained, evaluates the place of the HMIS in an increasingly paternalistic model of federal support for impoverished individuals, and supports a reevaluation of the HMIS and HUD models that would respect the client’s agency and support the attorney client role.

Publication Date: 
2010