Medical and Genetic Privacy
State v. Mitcham
The ACLU and the ACLU of Arizona filed amicus briefs before the Arizona Court of Appeals and the Arizona Supreme Court arguing that the government cannot genetically test any biological material it already has in its possession—whether that’s blood taken from newborns to test for diseases or swabs collected from sexual assault survivors—to investigate the donors for a crime without first obtaining a warrant. This filing is part of the broader fight to preserve the privacy of our sensitive genetic information.
Status: Ongoing
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All Cases
8 Medical and Genetic Privacy Cases
Nevada
Apr 2024
![This image displays prescription bottles.](https://assets.aclu.org/live/uploads/2019/09/prescription_bottles_by_erin_demay_500x280.jpg)
United States v. Motley — Amicus Brief
This case concerns whether police may access private and sensitive medical records without a warrant as part of a criminal investigation of an individual, when those records are contained within state prescription drug monitoring databases.
Status: Ongoing
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![This image displays prescription bottles.](https://assets.aclu.org/live/uploads/2019/09/prescription_bottles_by_erin_demay_500x280.jpg)
Nevada
Medical and Genetic Privacy
United States v. Motley — Amicus Brief
This case concerns whether police may access private and sensitive medical records without a warrant as part of a criminal investigation of an individual, when those records are contained within state prescription drug monitoring databases.
Apr 2024
Status: Ongoing
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Jul 2017
![Liberian Community Association v. Malloy](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Liberian Community Association v. Malloy
During the 2014-2015 Ebola outbreak, state officials quarantined multiple people who had arrived in the United States from Liberia, without adequate scientific justification, thereby violating their constitutional rights.
Status: Ongoing
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![Liberian Community Association v. Malloy](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Medical and Genetic Privacy
Liberian Community Association v. Malloy
During the 2014-2015 Ebola outbreak, state officials quarantined multiple people who had arrived in the United States from Liberia, without adequate scientific justification, thereby violating their constitutional rights.
Jul 2017
Status: Ongoing
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Jun 2017
![Pills](https://assets.aclu.org/live/uploads/2023/01/WEB15-Images-Pills-1160x864-600x447.jpg)
Oregon Prescription Drug Monitoring Program v. Drug Enforcement Administration
The ACLU and its Oregon affiliate are challenging the federal Drug Enforcement Administration’s claim that it can access Oregonians’ private prescription records without a warrant. The ACLU and the ACLU of Oregon represent a group of Oregon patients and a physician who are concerned about the impact on medical privacy and the doctor-patient relationship if federal law enforcement were permitted to access prescription records without demonstrating probable cause to a neutral judge. A district court judge ruled in February 2014 that patients have a reasonable expectation of privacy in their prescription records and that law enforcement must obtain a warrant in order to search such information. In June 2017, the Ninth Circuit Court of Appeals reversed the district court’s ruling on procedural grounds but recognized that medical records are private and sensitive and require strong legal safeguards, leaving the door open to future challenges.
Status: Closed (Judgment)
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![Pills](https://assets.aclu.org/live/uploads/2023/01/WEB15-Images-Pills-1160x864-600x447.jpg)
Medical and Genetic Privacy
Oregon Prescription Drug Monitoring Program v. Drug Enforcement Administration
The ACLU and its Oregon affiliate are challenging the federal Drug Enforcement Administration’s claim that it can access Oregonians’ private prescription records without a warrant. The ACLU and the ACLU of Oregon represent a group of Oregon patients and a physician who are concerned about the impact on medical privacy and the doctor-patient relationship if federal law enforcement were permitted to access prescription records without demonstrating probable cause to a neutral judge. A district court judge ruled in February 2014 that patients have a reasonable expectation of privacy in their prescription records and that law enforcement must obtain a warrant in order to search such information. In June 2017, the Ninth Circuit Court of Appeals reversed the district court’s ruling on procedural grounds but recognized that medical records are private and sensitive and require strong legal safeguards, leaving the door open to future challenges.
Jun 2017
Status: Closed (Judgment)
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Oct 2016
![Drug Enforcement Administration v. Utah Department of Commerce](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Drug Enforcement Administration v. Utah Department of Commerce
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![Drug Enforcement Administration v. Utah Department of Commerce](https://www.aclu.org/wp-content/themes/aclu-wp/img/fallback-case-gavel.png)
Medical and Genetic Privacy
Drug Enforcement Administration v. Utah Department of Commerce
Oct 2016
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