Submitted by ACLU of Oregon on April 3, 2013 - 2:06pm
By Nathan Freed Wessler, Staff Attorney, ACLU Speech, Privacy & Technology Project
A federal judge has granted the ACLU’s motion to intervene in an Oregon case that raises the question of whether the Fourth Amendment allows Drug Enforcement Administration agents to obtain confidential prescription records without a judge’s prior approval. (We’ve previously written about the case here).
Like most states, Oregon operates a Prescription Drug Monitoring Program (PDMP), which tracks prescriptions for certain drugs dispensed in the state. As one of the chief sponsors of the legislation creating the PDMP recently explained, the program is intended to be a public health tool to help physicians and pharmacists prevent drug overdoses and abuse by their patients. It was not created for use by law enforcement. Recognizing that records of a person’s prescriptions can reveal private information about their underlying medical conditions, the Oregon legislature instituted robust privacy protections, including a requirement that law enforcement must obtain a warrant before requesting records for use in an investigation.
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