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Hi everybody. Today is January 15, 2014 Here's another example
of abusing the HIPAA laws. You know the law that protects your medical records.
It says here, In court today. Defending medical records from warrantless
search. I will be in federal district court in Oregon today for a oral argument
in the ACLU's challenge to the Drug Enforcement Administration's practice of
obtaining Oregon patients' confidential prescription records without a warrant.
We represent patients and a doctor whose prescriptions are tracked
in the Oregon Prescription Drug Monitoring Program (PDMP)
a state database intended as a public health tool
to help doctors and pharmacists avoid and treat drug overdoses
and abuse by their patients. Although Oregon law
requires police to get a probable cause warrant from a judge before requesting
PDMP records in an investigation,
the DEA refuses and instead uses administrative
subpoenas to request the records. Unlike a warrant,
those subpoenas involve neither prior approval of a judge
nor a showing of probable cause. The DEA argues that they don't need a warrant
because people have "no
constitutionally protected privacy interest" in their
confidential prescription records, but that's just wrong.
As we explained in our opening brief in the case:
This case concerns the right to privacy under the Fourth Amendment
in some of the most personal and sensitive information people have:
prescription records and the confidential medical information they
reveal.
Prescription records can divulge information not only about the
medications a person use, but also about their
underlying medical conditions, the details of her treatment, and her physician's
confidential medical advice—all matters that society recognizes
as deeply personal and private. Indeed, Oregon law
recognizes the need for privacy in this information by specifically requiring
that law enforcement obtain
a probable cause warrant for such records.
Yet, claiming that the State's warrant requirement is
preempted by federal law, the federal Drug Enforcement Administration seeks to
obtain.
and in one case has in fact obtained
Oregon patients' confidential prescription records
using administrative subpoenas that do not require, do not require a showing of probable cause.
Irrespective of whether the State's own warrant
requirement is preempted, the DEA's practice
violates patience reasonable expectation
of privacy in their prescription record and therefore
runs afoul of the Fourth Amendment to the U.S. Constitution.
A warrant would be required for federal agents to enter the inner sanctum
a person's home and rifled through the contents of her
medicine cabinet or bedside drawer; no less protection is required simply
because the same information is also stored
in a secure database in digital form. As with
any other search that infringes on a reasonable expectation of privacy.
the DEA must obtain a judicial warrant
before pursuing a digital archive of patience confidential health
information. That is why I were in court today.
When law enforcement wants access to people's most private information and
must comply
with the Fourth Amendment. We hope this case will help enforce that rule,
and protect the privacy of our most sensitive medical information/
This is a case will have to keep an eye on and I dated today, they went to court
today
January 15th, 2014
Alright bookmark my site, I'll keep you up to date, please stay safe,
and I'll talk to you later. God Bless you all. Bye.