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

Lee rathaus
Mon May 17 11:28:47 PDT 2004


The 4th Amendment against unreasonable search has been held to cover
this by the Supreme Court. As Chief Justice (now deceased) Oliver Wendle
Homes once said," The Constitution says what we (the high court) say it
says.




Andrew Mathews wrote:
> 
> "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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