On Fri, 22 Mar 2002 13:49:11 -0500
begin edj <[EMAIL PROTECTED]> spewed forth:
> 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.
Not true. The doctor can't do that. You do, under laws and under
precedent set by those laws to a "reasonable right to privacy". The
doctor does _not_ have the right to disseminate that information to third
parties without your consent, but this is not a consitutional protection.
If the doctor gave those records to the newspapers (who say they have a
right to it) and it was published, you could prosecute the doctor if he
didn't have your permission. But just the doctor, not the newspaper. You
have the right to own a gun, but not the right to do with it as you will.
Try shooting someone on the street and see what happens.
I don't really want to start a "reasonable right to privacy" debate,
because those are generally settled in court on a case-by-case basis. And
what is reasonable to one judge often is not to another (and of course
that changes based on the circumstances).
Ciao,
David A. Bandel
--
Focus on the dream, not the competition.
-- Nemesis Racing Team motto
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