Say Ahh, Then Remain Silent
Privacy News from Wired News – Say Ahh, Then Remain Silent. A little-noticed loophole in new medical privacy regulations allows law enforcement access to medical records without the patient’s consent. Will doctors soon be reading you your rights?
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But there remains what appears to be a broad loophole in the regulations for state and federal law enforcement officials.
The regulations state that the only thing police or other law enforcement agents need to do to obtain medical records is assert their request for the records is necessary and relevant to specific investigations.
The rules don’t require permission from a judge, or even notification to the patient that medical records have been turned over to the police.
“Any cop can walk into any hospital, wave a badge and get records,” said a former congressional staffer named Bob Gellman, who has been involved in drafting medical privacy legislation for over 20 years.
“We’re in a position where your doctor may have to give you a Miranda Warning,” he said.
