Administration Sets Forth a Limited View on Privacy
By ROBERT PEAR and ERIC LICHTBLAU
Published: March 6, 2004
WASHINGTON, March 5 — In a sharp departure from its past insistence on the sanctity of medical records, the Bush administration has set forth a new, more limited view of privacy rights as it tries to force hospitals and clinics to turn over records of hundreds and perhaps thousands of abortions.
Federal law "does not recognize a physician-patient privilege," the Justice Department said last month in court papers that sought abortion records from Planned Parenthood clinics in California, Kansas, Missouri, Pennsylvania, New York City and Washington. Moreover, the department said in another abortion case, patients "no longer possess a reasonable expectation that their histories will remain completely confidential."
Health lawyers and privacy experts said that position reflected a significant shift after six years in which Bush and Clinton administration officials had promised to strengthen the confidentiality of medical records.
Two federal judges have also expressed alarm over the government position. The latest blow to the government was on Friday, when a federal district judge in San Francisco denied a demand by the Justice Department for access to abortion records from a public hospital there and from six Planned Parenthood affiliates in the county.
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http://www.nytimes.com/2004/03/06/politics/06PRIV.html