The DEA Thinks You Have “No Constitutionally Protected Privacy Interest” in Your Confidential Prescription Records
The Drug Enforcement Administration thinks people have “no constitutionally protected privacy interest” in their confidential prescription records, according to a brief filed last month in federal court. That disconcerting statement comes in response to an ACLU lawsuit challenging the DEA’s practice of obtaining private medical information without a warrant. The ACLU has just filed its response brief, explaining to the court why the DEA’s position is both startling and wrong....

...In its latest brief, the DEA ignores these points and instead argues that the mere fact that our clients’ prescription records are held in a database maintained by a third party—the State of Oregon—means that they have somehow given up their privacy interest in the records. Courts have found that no warrant is required for information contained in some kinds of business records like electricity consumption records held by a power company or room registration information held by a motel. This is because, in theory, people have voluntarily given up their privacy interest in information when they turn it over to a third party. We disagree with that principle, called the “third party doctrine,” in many situations, because when people provide sensitive information to a third party for a specific purpose, they typically do not intend for law enforcement to have unfettered access to it. The principle is particularly offensive in this case....