Alleged Unauthorized Access of Vance, Walz VA Records

Alleged Unauthorized Access of Vance, Walz VA RecordsPhoto by2nd Life Media

At least a dozen employees accessed the records without authorization, with some telling investigators they were looking out of curiosity, according to The Washington Post, which first reported on the breach. The VA's inspector general office has forwarded evidence to federal prosecutors, including on a physician and a contractor who spent an extended amount of time looking at the files.

Federal prosecutors are investigating allegations that Department of Veterans Affairs employees improperly accessed medical records of vice presidential nominees Sen. JD Vance and Gov. Tim Walz, the department confirmed Monday.

"We reported to law enforcement allegations that VA personnel may have improperly accessed veteran records," VA spokesperson Terrence Hayes said in a statement reported by the Post,. "We take the privacy of the veterans we serve very seriously and have strict policies in place to protect their records. Any attempt to improperly access veteran records by VA personnel is unacceptable and will not be tolerated."

Both nominees have also spoken about their experiences using VA services. Walz, who specialized in heavy artillery, has said he suffered from hearing loss and tinnitus as a result of firing the weapons and sought benefits from the VA for the hearing issues.

Vance has said the VA was his primary source of health care for a few years after leaving the Marine Corps. He has expressed support for expanding privatized health care for veterans, but has also said he thinks parts of the VA "actually work very well."

In a recent message to staff that did not directly reference the breaches into the Walz and Vance medical records, VA Secretary Denis McDonough reminded employees of their obligations to protect veterans' privacy.

"Veteran information should only be accessed when necessary to accomplish officially authorized and assigned duties as an employee, contractor, volunteer or other personnel," McDonough wrote in the Aug. 30 memo. "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."

Failing to comply with those rules could result in removal, civil penalties or criminal prosecution, McDonough added. Health records are protected under the 1996 Health Insurance Portability and Accountability Act, and violations of the law are punishable by a fine of up to $50,000 and imprisonment for up to a year.