This case presents the question whether Oregonians retain a state constitutional privacy interest in their medical records, even when those records are held by health care providers. It could have important implications for patients who obtain abortions, gender-affirming care, and other health care that might be targeted by local or out-of-state law enforcement.

The ACLU and the ACLU of Arizona filed amicus briefs before the Arizona Court of Appeals and the Arizona Supreme Court arguing that the government cannot genetically test any biological material it already has in its possession—whether that’s blood taken from newborns to test for diseases or swabs collected from sexual assault survivors—to investigate the donors for a crime without first obtaining a warrant. This filing is part of the broader fight to preserve the privacy of our sensitive genetic information.

This case concerns whether police may access private and sensitive medical records without a warrant as part of a criminal investigation of an individual, when those records are contained within state prescription drug monitoring databases.