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by chimeracoder
901 days ago
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> Well thats the rub, isn't it? Right now the courts don't see this as a violating of the 4th amendment. You omitted the end of my sentence in your quote, which is operative in this case. As explained in the article, the Third Party Doctrine establishes a loophole in 4th Amendment case law. The system you're describing is one which was created specifically to exploit this loophole: to violate patients' privacy while still complying with the 4th Amendment on technical grounds, all the while grossly violating it in spirit. |
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My apologies. I've re-added it with an edit note.
I think its a reach to say 'the system' was created to exploit 4th amendment loopholes, especially in this case. Again, the patients privacy isn't compromised by the pharmacies at all here. The state has its claim of a vested interest in prescription activity, much like with drivers licenses and vehicle registration, and has a database of said data, much like with licenses and vehicle registration.
If I start running tags to see where someone lives to stalk them, thats bad, and illegal. If I start running prescription data for someone to see what they're on and stalk them, thats bad and illegal.
If a car dealer says "These VINs on the car dont match, we think something was stolen" we can investigate it by accessing the state database. We will likely see some personal information of someone who isnt guilty of anything in the process of this investigation. If a doctor says "This person filled a prescription under my name that I didnt write" we can investigate it by accessing the state database. We will likely see some personal information of someone who isnt guilty of anything in the process of this investigation.
My assertion here isnt "Everything is fine, change nothing". Its "If you're concerned about privacy here, you are looking at the wrong target". Warrant requirements could be reasonable. Whether we get them or not, I think a good start would be auto-redacting Prescription Monitoring Program reports. If Doctor Adams says Bill filled a fraudulent script, because Adams doesnt write for percocet, I shouldnt see every name for every prescription on Adams' report. That should be redacted. Then if I see a script for percocet, which we've established is fraudulent, we then un-redact the "patient" name.
Again, CVS handing me a copy of a prescription that I already know is fake is the least significant issue at hand.