hgc
Penultimate Amazing
- Joined
- Jun 14, 2002
- Messages
- 15,892
Quick update on the basis of the Florida branch of ACLU's reasoning in its filing: Florida's constitution provides for privacy, including of medical records. There is a law providing the procedure by which those records may be obtained by authorities, and it includes the right of the person whose records are being pursued to be heard before the seizure of the records. This procedure was not followed, as the records were seized without Rush having a chance to argue against it. Not any big constitutional cause being fought in this particular case. As a matter of fact, they explicitly state in the filing that they are not concerned with whether the state ultimately prevails in getting access to the medical records, but rather that, "... we seek to vindicate every Floridian's fundemental right to privacy by ensuring that the State be required to comply with sections ... of the Florida Statutes when it wishes to obtain patient records."
Document at The Smoking Gun.
Document at The Smoking Gun.