Medical Privacy Under Attack: 2017 in Review

If you care about maintaining privacy over medical records and prescriptions, this was not a good year. Both the California Supreme Court and the U.S. Ninth Circuit Court of Appeals issued disappointing decisions that declined to recognize a significant privacy interest in prescription records. In California, the state’s high court ruled that the Medical Board of California can rifle through records of prescriptions for controlled substances—used to treat anxiety, depression, pain, and insomnia—without notifying patients, obtaining a court order, or showing any suspicion of wrongdoing. The Ninth Circuit reversed on procedural grounds a good ruling out of Oregon, which found that the Drug Enforcement Administration (DEA) couldn’t access sensitive prescription records without a warrant. Both courts punted to another day the question of whether the Fourth Amendment’s warrant requirement protects prescription records. This precedent is concerning,…

Read more detail on Recent Intellectual Property Law posts –

This entry was posted in Intellectual Property and tagged , , , , , . Bookmark the permalink.

Leave a Reply