by TChris

According to John Ashcroft's Justice Department, medical patients "no longer possess a reasonable expectation that their histories will remain completely confidential." That's news to patients, who consider their medical records private. It may also be news to President Bush, who promised in April 2001 to protect "the right of every American to have confidence that his or her personal medical records will remain private."

The Justice Department wants access to the medical records of women who have received abortions to further its defense of a federal law banning a procedure known as intact dilation and extraction, termed "partial birth abortion" by anti-abortion activists. Challengers of the federal ban contend that it impairs the ability of doctors to protect a woman's life or health. The Justice Department apparently hopes that the records will prove that the banned abortions are never medically necessary and that the procedure is risky.

The Justice Department did not limit its subpoenas to records involving the recently banned procedure, but also sought records of certain other second and third trimester abortions, and the names of doctors who perform any kind of abortion.

The co-chair of the Congressional Privacy Caucus, Rep. Edward J. Markey, wonders "How many hundreds of women, or thousands, will have the frightening experience of their medical records being handed over to the Justice Department as part of a fishing expedition?" Rep. Nita M. Lowey shares Markey's criticism of the Justice Department's disregard of privacy interests:

"This administration claims to have taken great pride in adopting regulations aimed at ensuring the sanctity and privacy of medical records. But in an attempt to defend the so-called partial-birth abortion ban, it seems to have lost sight of its promises."

Fortunately, the judge hearing the challenge to the ban has quashed the Justice Department's subpoenas.