Law enforcement's use of medical records

[Andy Oram <andyo@ora.com>]

A persuasive and frightening analysis, Jamie:

>      I am writing to you, as sponsors of S. 1360, the Medical
> Records Confidentiality Act of 1995, to express our concerns this
> bill, which purports to enhance personal privacy.

I do see some of the benefits that the bill's supporters claim to see
in having a centralized database.  One sincere question I have is: why
do prosecutors and the police want access?  How do medical records
show whether you've committed a crime or broken a contract?  Do the
police and spy agencies always have to stick their noses into any
communications or record-keeping issue by reflex, and try to get the
most they can from it?

I can imagine a women who is trying to obtain an injunction against a
stalker looking for mental health records, in order to show that the
stalker is capable of violence.  But having spent a few years in
mental health work, I know that it is currently impossible to predict
violence with any assurance from a person's statements to therapists,
etc.  If the stalker actually has committed acts of violence, then
that information is available as legal records; you don't need medical
records.

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