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
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, K32Accepted Paper Series
Date posted: May 18, 2011 ; Last revised: September 22, 2011
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