Constitutional Right to Informational Health Privacy in Critical Condition

7 Pages Posted: 18 May 2011 Last revised: 22 Sep 2011

See all articles by Mark A. Rothstein

Mark A. Rothstein

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

Date Written: April 29, 2011

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.

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

JEL Classification: K31, K32

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: https://ssrn.com/abstract=1844524

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

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