ACLU Disappointed by Court of Appeals Decision Upholding Seizure of Medical Records in Rush Limbaugh Case
FOR IMMEDIATE RELEASE
Ruling Affects Medical Privacy of Millions of Florida Residents
MIAMI – The American Civil Liberties Union of Florida today said that it is disappointed by a state appeals court ruling that state law enforcement officers properly confiscated Rush Limbaugh’s medical records as part of a criminal investigation involving alleged “doctor-shopping.”
“Rush Limbaugh’s celebrity status is secondary to the fundamental privacy issues that arise in this case,” said ACLU of Florida Legal Director Randall Marshall. “What’s at stake here is the medical privacy of millions of people in Florida and the need to protect people against unnecessary government intrusion into their medical records.”
In a 2-1 decision issued today, the Fourth District Court of Appeal ruled that: “? the constitutional right of privacy in medical records is not implicated by the State’s seizure and review of medical records under a valid search warrant without prior notice or hearing.”
“We are disappointed the court failed to recognize the importance of protecting the intensely private information that is contained in medical records,” said John May, who is lead counsel on behalf of the ACLU. “We intend to do everything we can to vigorously argue in favor of strengthening privacy protections for every person in Florida.”
In February, the ACLU of Florida filed a friend-of-the-court brief in partial support of the conservative radio commentator, arguing that law enforcement officers violated state law by using the more intrusive search warrant process to seize Limbaugh’s medical records, rather than by obtaining a subpoena through the proper procedures outlined Florida Statute § 395.3025. The state statute requires law enforcement officers to notify the person whose medical records they seek to obtain and to give that person the opportunity to object before the records are seized.
The law also gives a judge the authority to release only the information that is necessary for the investigation and to control the use or dissemination of those records. The statute was passed by the Florida Legislature to specifically address heightened concerns about medical privacy.
“Regardless of which law enforcement tools are used – whether a subpoena or a search warrant – safeguards must be put in place to justify giving the state access to the intensely personal information contained in medical records,” Marshall said.
Every month, you'll receive regular roundups of the most important civil rights and civil liberties developments. Remember: a well-informed citizenry is the best defense against tyranny.
The Latest in National Security
ACLU Acknowledges Improvements to DOJ Racial Profiling Policy, But Says Far More is Needed
ACLU Applauds Court For Allowing Case Challenging FBI’s Wrongful Prosecution of Chinese American Physics Professor To Move Forward
Shen v. Simpson
Chinese Immigrants Sue Florida Over Unconstitutional and Discriminatory Law Banning Them From Buying Land
The American Civil Liberties Union is a nonprofit organization whose mission is to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States of America.
Learn More About National Security
The ACLU’s National Security Project is dedicated to ensuring that U.S. national security policies and practices are consistent with the Constitution, civil liberties, and human rights.