DEA Thinks You Have 'No Constitutionally Protected Privacy Interest' in Your Prescription Records

[Newsjock]

https://www.aclu.org/blog/technology-and-liberty-national-security/dea-thinks-you-have-no-constitutionally-protected

The Drug Enforcement Administration thinks people have “no constitutionally protected privacy interest” in their confidential prescription records, according to a brief filed last month in federal court. That disconcerting statement comes in response to an ACLU lawsuit challenging the DEA’s practice of obtaining private medical information without a warrant. The ACLU has just filed its response brief, explaining to the court why the DEA’s position is both startling and wrong.

We represent four patients and a physician in Oregon whose confidential prescription records are contained in a state database that tracks prescriptions for certain drugs. The database, called the Oregon Prescription Drug Monitoring Program (PDMP), was intended to be a public health tool to help physicians avoid drug overdoses and abuse in their patients.

Despite a state law requiring law enforcement to obtain a probable cause warrant from a judge before requesting records from the PDMP, the DEA has been requesting records using administrative subpoenas, which do not involve judicial authorization or probable cause.

Our clients object to the DEA’s warrantless access to the PDMP because their prescription records reveal deeply private information about their health and medical history, including their gender identity (two of our clients are transgender men taking testosterone as part of their transition from female to male sex) and mental illness (one client takes medication to treat anxiety and post-traumatic stress disorders).

[RC]

1. It is easier to explain after the fact, than to get permission before.

How many Constitutional Rights do we have left, besides the Right to be armed to the teeth with military knock-offs while wearing camo in public?

[JoeyT]

9. You don't have to quarter soldiers in your home either.

Although that's largely true because if you've got handy homes to quarter soldiers, you can't funnel money to contractors to build barracks, so I think that one will stick around.

But yeah. 2nd and 3rd are about it.

[Comrade Grumpy]

2. Of course they think that. And they use NSA surveillance info, too.

DEA needs to be disbanded. It's drug prescription regulation functions can be handled by the FDA and its crime-fighting functions can be handled by the FBI.

[geek tragedy]

3. DEA: Our mission is to prove every bad thing said about the war on drugs true nt

[broiles]

4. DEA isnt the only one to have access.

Since we have been filling a prescription for insulin we have receive countless calls for diabetes related products and calls for us to donate to diabetes charities. The insulin is for our DOG! But someone has access to information about our account.

[Sunlei]

5. didn't the DEA uncover a lot of RX drug fraud using those records.?

some huge frauds with the VA pain medications. Small fraud like RX drug sellers visiting multi Doctors to get an excess of scripts.

I think, was it Rush L.? caught in that net of going to many Doctors for the same med.

[hootinholler]

6. I wonder if this is covered under HIPPA? n/t

[DevonRex]

8. The fuckers are attempting a run-around on HIPPA, using

the 3rd party doctrine, saying that these records are maintained by the state so we have effectively "given up" our right of control over the info and the privacy guaranteed by HIPPA.

It's total bullshit. For one thing, we have no choice over that info being entered into the state database. We can't even check it for accuracy.

For another, if the mere existence of the state database negates privacy then no one is bound by HIPPA at all. It is completely meaningless from top to bottom and even doctor-patient confidentiality no longer exists. Any doctor's office employee would be free to broadcast the details of your every visit.

[gopiscrap]

7. FUCK THE DEA AND ALL OTHER AUTHORITY CRAZED ASSHOLES!!!

[Warren DeMontague]

10. Course not. How else are they supposed to nab dangerous criminals like Richard Paey

You know, the paraplegic in Florida who was sentenced to 25 years in prison for managing his own pain.

Your body does not belong to you, silly.

http://www.huffingtonpost.com/maia-szalavitz/cruel-and-disgusting-pain_b_43216.html

[woo me with science]

11. And the contempt toward the proles deepens...

[Bluenorthwest]

12. The DEA should be dissolved.

We have no need for them at all. A waste of billions of tax dollars that could go toward education.