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DEA Argues Oregonians Have No Protected Privacy Interest In Prescription Records

Posted by Unknown on from the we-see-you're-taking-terrorism-pills dept.

schwit1 writes "Like emails and documents stored in the cloud, your prescription medical records may have a tenuous right to privacy. In response to a lawsuit filed by the American Civil Liberties Union (ACLU) over the privacy of certain medical records, the U.S. Drug Enforcement Administration is arguing (ACLU response) that citizens whose medical records are handed over to a pharmacy — or any other third-party — have 'no expectation of privacy' for that information." Oregon mandates that pharmacies report information on people receiving certain drugs to a centralized database (ostensibly to "...help people work with their health care providers and pharmacists to know what medications are best for them."). State law does allow law enforcement to access the records, but only with a warrant. The DEA, however, thinks that, because the program is public, a citizen is knowingly disclosing that information to a third party thus losing all of their privacy rights (since you can always just opt out of receiving medical care) thanks to the Controlled Substances Act. The ACLU and medical professionals (PDF) don't think there's anything voluntary about receiving medical treatment, and that medical ethics override other concerns.

5 of 455 comments (clear)

  1. Just another example... by killfixx · · Score: 5, Interesting

    Of these three-letter-agencies twisting the law to fit their needs. And, without any of the necessary oversight that we were promised.

    So, I guess my question is, are things going to get better because we have a more aggressive flashlight for exposing these secret interpretations of our law, or, will this just keep getting worse until something significantly worse happens? Something like, Egypt, Syria, etc...

    Revolutions are nothing new... I just wish they weren't so damned violent and terrifying.

    --
    "Helping to keep you two steps ahead of the Thought Police!"
    1. Re:Just another example... by JDG1980 · · Score: 5, Interesting

      the DEA is just trying to catch shady doctors

      First of all, even if this was true, it wouldn't justify violating the privacy rights of third parties.

      Secondly, the DEA considers any doctor who prescribes a lot of painkillers to be a "shady doctor", even if there is a legitimate medical reason. Doctors who treat people with chronic pain are in real danger of being prosecuted by these witch-hunters.

    2. Re:Just another example... by Bacon+Bits · · Score: 5, Interesting

      I would say the Civil Rights movement in the US was a revolution.

      I find it immensely depressing that the same generation that fought so hard and paid such a dear price for civil rights when they were young was the exact same generation to sell them back so cheaply when they were old.

      --
      The road to tyranny has always been paved with claims of necessity.
  2. Re:America is fucked ... by h4rr4r · · Score: 5, Interesting

    The moment they started.
    It took a constitutional amendment to ban alcohol. Where is the one that bans any other drugs or enables the DEA?

  3. If the DEA wins, it loses by whoever57 · · Score: 5, Interesting

    If the DEA wins, then surely Oregon's database (PDMP) is in violation of HIPAA, which means the database should be shut down, which means that there would no longer be any data for the DEA to collect.

    So, great work DEA. Shut down a useful database.

    --
    The real "Libtards" are the Libertarians!