Uhmmmm… There is this thing called The 4th Amendment AND… HIPPA (You’ll have to scroll down for the snippit from the news article..)
If there is probable cause then the records of the individuals may be subpoenaed. This is a huge infringement on privacy. Because the state municipality infrastructure is not locked down, and other people have access to LEO only tools (other than LEO) through weak and shared logins), I would think that there would ALSO be an increased liability to those municipalities I the Rx PATIENT medical information got out, it COULD be a violation of HIPPA… This idea.. is a BAD one…What I would support.. A law that enabled law enforcement to request a list, without a subpoena of individuals who were prescribed the same narcotic, MORE than twice in a month, with an estimated month’s supply… (Example.. John goes to MD 1 and gets an Rx for 4 narcotic painkillers per day x 30 days.. 120 total.. John then goes to MD 2, etc.. and gets the same Rx.. That is a red flag for an abuser, addict, or pusher. The fact that they are doing wrong, should not give ANYONE the right to have an open key to look at everything… I would support that type of measure 1000%! But an open door to a database of information that is protected under both HIPPA and I feel, the 4th amendment? Bad idea…
Looking into a database and fishing for illegal activity, is the same thing as wiretapping a phone booth as in Katz vs. US in 1967.
Over the past several years, courts adjudicated whether government can access evidence of illegal activity stored on digital technology without violating the Fourth Amendment.
A private, law abiding citizen has a reasonable expectation of privacy and therefor his/her medical information (prescriptions or other) should not only be prot4cted under HIPPA but ALSO, the 4th Amendment because the expectation to privacy has already been established…
“Sheriffs in North Carolina want access to state computer records identifying anyone with prescriptions for powerful painkillers and other controlled substances.The state sheriff’s association pushed the idea Tuesday, saying the move would help them make drug arrests and curb a growing problem of prescription drug abuse. But patient advocates say opening up people’s medicine cabinets to law enforcement would deal a devastating blow to privacy rights.Allowing sheriffs’ offices and other law enforcement officials to use the state’s computerized list would vastly widen the circle of people with access to information on prescriptions written for millions of people. As it stands now, doctors and pharmacists are the main users. Read more: http://www.newsobserver.com/2010/09/08/669723/lists-of-pain-pillpatients-sought.html#ixzz0z40tlLqv“
“Uhmmmm… There is this thing called The 4th Amendment AND… HIPPA
If there is probable cause then the records of the individuals may be subpoenaed. This is a huge infringement on privacy. Because the state municipality infrastructure is not locked down, and other people have access to LEO only tools (other than LEO) through weak and shared logins), I would think that there would ALSO be an increased liability to those municipalities I the Rx PATIENT medical information got out, it COULD be a violation of HIPPA… This idea.. is a BAD one…
What I would support.. A law that enabled law enforcement to request a list, without a subpoena of individuals who were prescribed the same narcotic, MORE than twice in a month, with an estimated month’s supply… (Example.. John goes to MD 1 and gets an Rx for 4 narcotic painkillers per day x 30 days.. 120 total.. John then goes to MD 2, etc.. and gets the same Rx.. That is a red flag for an abuser, addict, or pusher. The fact that they are doing wrong, should not give ANYONE the right to have an open key to look at everything… I would support that type of measure 1000%! But an open door to a database of information that is protected under both HIPPA and I feel, the 4th amendment? Bad idea…
Looking into a database and fishing for illegal activity, is the same thing as wiretapping a phone booth as in Katz vs. US in 1967.
Over the past several years, courts adjudicated whether government can access evidence of illegal activity stored on digital technology without violating the Fourth Amendment.
A private, law abiding citizen has a reasonable expectation of privacy and therefor his/her medical information (prescriptions or other) should not only be prot4cted under HIPPA but ALSO, the 4th Amendment because the expectation to privacy has already been established…
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