OT: Feds want to drop protection of privacy regarding medical data

[edj]

On Fri 22 March 2002 01:07 pm, Andrew Mathews wrote:
> "David A. Bandel" wrote:
> > Not sure I'm up on this amendment to the Consitution.  Which amendment
> > provides for right to privacy of medical records?

> 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.

The US Constitution limits only the government, not private parties.  
Thus, while the US government would need a warrant to recover my "papers 
and effects", my doctor could disseminate my records to whomever he 
wished, absent statutory prohibition.  The Bush administration wishes to 
amend the statute.  No constitutional prohibition, I'm afraid.

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