Jul 1st, 2009
Posted by Talcott Camp, Reproductive Freedom Project at 3:35pm	Reproductive Freedom, Technology and Liberty

Just How Private Are Your Private Medical Records?

Specifically, when can someone else, who sues your doctor, obtain your records? According to the decision the Ohio Supreme Court issued today (PDF) in Roe v. Planned Parenthood Southwest Ohio Region only under specific and limited circumstances. In this case, John and June Roe claimed that a Planned Parenthood clinic had improperly provided their teenage daughter with an abortion. With the financial support of the Life Legal Defense Foundation, their lawyers filed the suit, and then, in a court process called "discovery," demanded that Planned Parenthood turn over the medical records of all the minor patients the clinic had seen over a 10-year period. The Roes were willing, however, to receive the records with personally identifying information "redacted" — essentially blacked out with a Sharpie.

The ACLU became involved to help stop this potential invasion of medical privacy. When the Roes' attempt to obtain the private medical records reached the Ohio Supreme Court, we filed a friend-of-the-court brief on behalf of the Ohio Chapter of the American Academy of Pediatrics; the Ohio Academy of Family Physicians; the Society for Adolescent Medicine; the National Association of Social Workers; the National Center for Youth Law; the Center for Adolescent Health & the Law; the Ohio NOW Education and Legal Fund; the Ohio Domestic Violence Network; ACTION OHIO Coalition for Battered Women; Break the Cycle; and Women Empowered Against Violence, Inc. As our brief explained, these organizations entered the case to protect the minors whose records were at stake in the case, who were never asked for and never gave their permission for anyone to see their medical records, and who therefore had no opportunity to object to this violation of their privacy.

Our brief argued that disclosure of the records — even in redacted form — would undermine minors' confidence that their reproductive medical information would be kept private, and thereby drive them away from seeking this critical care.

In today's ruling (PDF), the court made the important point that the records would not lose their privileged (private) status simply by being redacted.

Those who seek to harass and deter providers of abortion care will not stop, but today's ruling is a victory for the medical privacy and medical wellbeing of minors in Ohio.

Permalink |	Reproductive Freedom, Technology and Liberty

1. Maggie Says:
   Jul 2nd, 2009 at 1:10pm

   I believe when this National Health Care comes in (?) all of your medical information will be available to anyone who handles these records or wants information. Nothing with the government is ever private.

   If this new system comes in will the ACLU be there for the Old, sick to make sure their procedures are done and not on a How long will this person live? Before this treatment is given.

2. Busdriversteve Says:
   Jul 5th, 2009 at 2:49pm

   Aaaaaah the pro-abortion forces strike again by giving young GIRLS the means to terminate their pregnancy without parental knowledge. Just how much money do you loons on the left make with every un-born child that's sucked into a sink?

3. roald Says:
   Jul 5th, 2009 at 8:47pm

   Maggie, depending on your point of view, healthcare records are already accessible to anyone who wants the information or are protected by HIPAA and not accessible to anyone who does not need the records to provide care. A pubic payer will not change that.

   Healthcare is already rationed, both by the healthcare providers and the insurance company. Again, this will not change.

   I believe the ACLU will be there should the State do anything unconstitutional either in providing services or protecting people's information. Do you believe otherwise?

4. Maggie Says:
   Jul 6th, 2009 at 4:07pm

   Roald, I would like to believe they would be, but I must admit the ACLU does not give me that warm and fuzzy feeling.

   Speaking of rationing Healthcare I know that first hand. I will be losing my medical at the end of the year. Because of certain medicines I take I can not get insurance. Luckily the State of Maryland has an insurance program for all uninsured, you pay depending on what policy you pick. Costs are not too bad, but will make a dent. I trust this a little more that a Federal insurance.

5. roald Says:
   Jul 15th, 2009 at 3:05pm

   Maggie, I hope that your health care, and any other, issues are resolved quickly and that you remain as healthy as you are now (or healthier) until then.

6. Mike R Says:
   Aug 12th, 2009 at 4:40pm

   Congrats Talcott.

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