Monday, July 20, 2015

Think Your Medical Records Are Private? Wrong!!

It's not that the Feds should never have access to your records.

The problem is that under "administrative subpoenas" they can have anything they want--no "cause" needed.

Administrative subpoenas are issued unilaterally by government agencies -- meaning without approval by neutral judges -- and without probable cause stated under oath and affirmation as required by the Fourth Amendment. There are now 336 federal statutes authorizing administrative subpoenas, according to the Department of Justice.

In U.S. v Zadeh, the DEA obtained the records of 35 patient files without showing probable cause or obtaining a warrant issued by a judge. Citing New Deal-era case law, Judge Reed O’Connor noted that “[t]he Supreme Court has refused to require that [a federal] agency have probable cause to justify issuance of an administrative subpoena,” and that they may be issued “merely on suspicion that the law is being violated, or even just because it wants assurance that it is not." (Emphasis added).

In other words, the government may now use “fishing expeditions” for medical records.

Remember that over the weekend, Obozo ordered that SocSec recipients can be denied gun possession if they are 'mentally incapable of managing their own affairs' (meaning any damn thing one wants it to mean, including Alzheimer's....)

It is reported that the NSA is jealous.

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