Constitutional Right to Informational Health Privacy in Critical Condition
7 Pages Posted: 18 May 2011 Last revised: 22 Sep 2011
Date Written: April 29, 2011
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.
Keywords: health privacy, right to privacy, constitutional law, invasion of privacy, privacy act
JEL Classification: K31, K32
Suggested Citation: Suggested Citation