"Microsoft may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or respond to legal process served on Microsoft; or (b) protect the rights or property of Microsoft (including the enforcement of our agreements)."
Note clause (b). I thought it was a little off that they can examine your health records to protect their rights and property. But it looks like they are not afraid to use it!
This ditty is still there. In fact if you go to the home page for Health Vault, it says:
"It's your HealthVault account You decide who can see, use, add, and share info, and which health apps have access to it. HealthVault won't provide your health information to any other app or service without your permission."