Abstract

http://ssrn.com/abstract=1844524
 
 

References (39)



 


 



Constitutional Right to Informational Health Privacy in Critical Condition


Mark A. Rothstein


University of Louisville - Institute for Bioethics, Health Policy, and Law; University of Louisville - Louis D. Brandeis School of Law

April 29, 2011

Journal of Law, Medicine and Ethics, Vol. 39, No. 2, p. 280, 2011
University of Louisville School of Law Legal Studies Research Paper Series No. 2011-13

Abstract:     
Legal protections for health privacy depend on the person whose information is disclosed, the type of information disclosed, the individual or entity disclosing the information, the method of disclosure, the consequences of disclosure, the jurisdiction in which the disclosure takes place, and other factors. With so many variables, it is not surprising that protections for health privacy are inconsistent and inadequate. For more than three decades the federal courts seemed to recognize that governmental disclosures of an individual’s sensitive health information violated the Constitution. Two recent cases, however, have cast great doubt on the vitality of this asserted constitutional right.

Number of Pages in PDF File: 7

Keywords: health privacy, right to privacy, constitutional law, invasion of privacy, privacy act

JEL Classification: K31, K32

Accepted Paper Series


Download This Paper

Date posted: May 18, 2011 ; Last revised: September 22, 2011

Suggested Citation

Rothstein, Mark A., Constitutional Right to Informational Health Privacy in Critical Condition (April 29, 2011). Journal of Law, Medicine and Ethics, Vol. 39, No. 2, p. 280, 2011; University of Louisville School of Law Legal Studies Research Paper Series No. 2011-13. Available at SSRN: http://ssrn.com/abstract=1844524

Contact Information

Mark A. Rothstein (Contact Author)
University of Louisville - Institute for Bioethics, Health Policy, and Law ( email )
Louisville, KY 40202
United States
HOME PAGE: http://www.louisville.edu/bioethics
University of Louisville - Louis D. Brandeis School of Law ( email )
Wilson W. Wyatt Hall
Louisville, KY 40292
United States
Feedback to SSRN


Paper statistics
Abstract Views: 639
Downloads: 95
Download Rank: 161,915
References:  39

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo3 in 0.500 seconds