OT: Feds want to drop protection of privacy regarding medical data
Andrew Mathews
andrew_mathews
Mon May 17 11:28:46 PDT 2004
"David A. Bandel" wrote:
<snip>
> Not sure I'm up on this amendment to the Consitution. Which amendment
> provides for right to privacy of medical records?
>
> Ciao,
>
> David A. Bandel
> --
The fourth amendment. It states:
The right of the people to be secure in their persons, houses, papers,
and effects, against unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon probable cause,
supported by Oath or affirmation, and particularly describing the place
to be searched, and the persons or things to be seized.
While it does not contain the words "medical records" neither does it
contain "financial records", "religous documents" or "political
documents" but I'm sure that precedents have been set to determine that
they're all inclusive as they do not have to be in your posession to be
included as a protected paper or effect. Otherwise your safe deposit
boxes, attorney's files, medical records, etc. would not require a
warrant to be seized.
Just IMHO.
--
Andrew Mathews
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