evidence of a crime
The Medical Records Confidentiality Act of 1995
Quote:SEC. 212. LAW ENFORCEMENT.
(a) GOVERNMENT SUBPOENAS AND WARRANTS.
(1) IN GENERAL. A health information trustee shall disclose
protected health information under this section if the disclosure is
pursuant to
(A) a subpoena issued under the authority of a grand jury; or
(B) an administrative subpoena or summons or a judicial subpoena
or warrant, which meets the conditions of paragraph (2).
(2) PROBABLE CAUSE REQUIREMENT. A government authority may not obtain protected health information about an individual under paragraph (1) for use in a law enforcement inquiry unless there is probable cause to believe that the information is relevant to a legitimate law enforcement inquiry being conducted by the government authority.
COMPARE:
U.S. Constitution
Quote:Amendment IV
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.
Illinois v Gates, 462 U. S. 213 (1983)
U. S. Supreme Court
http://laws.findlaw.com/us/462/213.html
Quote:The task of the [warrant] issuing magistrate is simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place. And the duty of a reviewing court is simply to ensure that the magistrate had a "substantial basis for . . . conclud[ing]" that probable cause [462 U.S. 213, 239] existed. Jones v. United States, 362 U.S., at 271 . We are convinced that this flexible, easily applied standard will better achieve the accommodation of public and private interests that the Fourth Amendment requires. . . .
Certainly, the fourth amendment trumps an ordinary statute. Certainly, the daughter had a reasonable expectation of privacy in her medical records. This is a right of privacy that is so imperative to an individual's wellbeing, that the law provides for confidentiality. Was there a fair probability that the daughter's medical records contained contraband or evidence of a crime? I don't think so . . . the government seized a tissue sample, which -- in and of itself -- is not contraband or evidence of a crime.
The government then subjected the tissue sample to additional testing to obtain information that was NOT in the medical records. The government used the tissue sample to ascertain the daughter's genetic code. The daughter's genetic code is not contraband or evidence of a crime -- but rather might be relevant in determining whether HER FATHER can be included or excluded as a suspect in crimes.
I believe the daughter's right to privacy protected by the Fourth Amendment was violated. However, her father has NO STANDING to challenge the violation of someone else's constitutionally protected rights.
But, what does this tell you? You might think your private medical records are confidential and protected by law . . . but think again. If your medical records are deemed relevant to any government inquiry, the government can search and seize your records.
Rush Limbaugh had no protected right of privacy in his records . . . no one does . . .
See also:
Kansas AG demands abortion records
Quote:Full records include women's sexual histories
Friday, February 25, 2005 Posted: 5:13 AM EST (1013 GMT)
TOPEKA, Kansas (AP) -- The Kansas attorney general is demanding abortion clinics turn over the complete medical records of nearly 90 women and girls, saying he needs the material for an investigation into underage sex and illegal late-term abortions. . . .
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