Defend Your Medical Data: The ACLU is mounting a campaign for public comment on the national medical privacy regulations proposed in November 1999 by the Clinton Administration. A previous accumulation of over 2,400 comments solicited by the ACLU was refused by the Dept of HHS on a technicality.

The ACLU says that the current proposed regulations are a reasonable first step and that their position is to encourage the government to take them further. However, from my vantage points both as a health care provider and a concerned citizen, they sound like ominous and objectionable privacy erosion!

The regulations dismantle real legal barriers to law enforcement and government access to medical records. Law enforcement agents would obtain patient records with simple written demands to doctors, hospitals and insurance companies without the necessity for judicial review or the issuance of a warrant. A patient would receive no notice or opportunity to contest the demand. The failure to require patient consent to release of information erodes the bedrock principle that patients own their medical records and must authorize the disclosure of their medical information or if they so choose, decline to give access.

Police would be free to browse all computerized medical records to seek matches for blood, DNA or other health traits. The proposed regulations in essence facilitate the creation of a government health databank. Although the system may initially be established to support “functions authorized by law,” the regulations themselves state that “government data are notoriously susceptible to expansion and abuse.” A major concern is that patients, when faced with the realization that government agencies might have access to their medical history, would avoid needed treatment or lie about their history.