Dear New York City Department of Health and Mental Hygiene,
We, the undersigned organizations, representing millions of Americans, urge you not to proceed with the planned tracking by the New York City Health Department of A1c lab tests results of patients without patient consent, and the subsequent unauthorized contact with each patient’s physician to discuss treatment plan and education. As reported in the New York Times on July 8, 2005, potentially 500,000 patients’ information would be accessed without patient consent and such access would include the patient’s name, lab results as well as the name of his or her physician. Such broad access and unauthorized contact with the treating physician is unprecedented and should not be done without strong justification in view of such concerns as patient privacy and the rights afforded to each citizen under the Constitution.
This tracking plan would appear to violate each citizen’s right to medical informational privacy. As is now well-established, "[t]he makers of the Constitution...conferred, as against the government, the right to be let alone-- the most comprehensive of rights and the right most valued by civilized men." Olmstead v. United States, 48 S. Ct. 564, 572 (1928) e.g., Olmstead (Brandeis, J., dissenting). In addition to this right to be "let alone", the right to privacy has been defined as "control over knowledge about one’s self." U.S. v. Westinghouse, 638 F. 2d at 577 n.5.
This tracking system is set to proceed without a court order or patient consent. We cannot endorse such an egregious invasion of privacy, no matter how well-intentioned. Therefore we respectfully recommend that plans for such tracking be abandoned so that citizens of New York can continue to seek confidential medical treatment.
Sincerely,
Association of American Physicians and Surgeons
New York- Republican Liberty Caucus
National Lawyers Guild--National Office
Private Citizen, Inc.
California Consumer Health Care Council
U.S. Bill of Rights Foundation
