Kenya Legal and Ethical Network on HIV and AIDS (KELIN) & Others v. Cabinet Secretary-Ministry of Health & Others
Country: KenyaYear: 2016
Court: High Court of Kenya at Nairobi, Constitutional and Human Rights Division
Citation: Petition No. 250 of 2015 (2016)
Health Topics: Child and adolescent health, Health care and health services, Health information, HIV/AIDS, Infectious diseases
Human Rights: Freedom from discrimination, Right to privacy
President Kenyatta issued a directive to national government entities to prepare a report collecting data on all school-going children who were living with HIV and AIDS. Further the directive also mandated data on the guardians of such children, expectant mothers living with HIV and breastfeeding mothers who are HIV positive. The data was to be …Read more
Beverly T. Peters v. St. Joseph Services Corporation d/b/a St. Joseph Health System, et al.
Country: United StatesYear: 2015
Court: United States District Court Southern District of Texas Houston Division
Citation: Civil Action No. 4:14-CV-2872
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
Peters, the plaintiff, brought a class action against St. Joseph Services Corporation for damages after a data breach of St. Joseph’s computer network. While purchasing health care services, Peters had provided her personally identifiable and protected health information to St. Joseph, including her name, social security number, birthdate, address, medical records, and bank information. In …Read more
Hopkins v. Kay
Country: CanadaYear: 2015
Court: Ontario Court of Appeal
Citation: [2015] O.J. No. 751
Health Topics: Health information, Hospitals
Human Rights: Right to privacy
A class of approximately 280 individuals whose medical records were improperly accessed by hospital staff filed suit against the hospital employees. The class alleged that the breaches the staff caused and the hospital’s failure to monitor and implement policies to protect the information led to a breach under the common law tort of intrusion upon …Read more
I v. Finland
Country: FinlandYear: 2008
Court: European Court of Human Rights
Citation: Application No. 20511/03
Health Topics: Health information
Human Rights: Right to privacy
The applicant was a nurse from 1989 to 1994 at the same public hospital where she sought treatment after being diagnosed as HIV-positive in 1987. All hospital staff had access to the patient register, which contained information on patients’ diagnoses. In 1992, the applicant became suspicious that her colleagues became aware of her diagnosis through …Read more
Citizens for Health v. Leavitt
Country: United StatesYear: 2005
Court: 3rd Circuit Court of Appeal
Citation: 428 F.3d 167 (2005)
Health Topics: Health information, Health systems and financing
Human Rights: Right to bodily integrity, Right to due process/fair trial, Right to privacy
This case concerned a challenge to a rule promulgated by the United States Department of Health and Human Services pursuant to the administrative simplification provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The original privacy rule “required covered entities to seek individual consent to use or disclose health information in all …Read more
Northwestern v. Ashcroft
Country: United StatesYear: 2004
Court: 7th Circuit Court of Appeal
Citation: 362 F.3d 923 (2004)
Health Topics: Health information, Sexual and reproductive health
Human Rights: Right to privacy
The Respondent, the Attorney General of the United States, appealed a district court order quashing a subpoena that commanded Northwestern Memorial Hospital (NMH) to produce the medical records of certain patients. The records were to be used in an upcoming suit challenging the constitutionality of the Partial-Birth Abortion Ban Act of 2003. The records contained …Read more
Guðmundsdóttir v. The State of Iceland
Country: IcelandYear: 2003
Court: Icelandic Supreme Court
Citation: No. 151/2003
Health Topics: Health care and health services, Health information, Health systems and financing
Human Rights: Right to privacy
The appellant, Guðmundsdóttir, wrote a letter to the Medical Director of Health, the respondent, requesting that health information in medical records of her deceased father should not be transferred to the Health Sector Database and asserted her right to do so. In particular, she did not want her father’s genealogical or genetic information to be …Read more
In re subpoena v. Dwight L Bailey
Country: United StatesYear: 2000
Court: 4th Circuit Court of Appeal
Citation: 228 F.3d 341 (2000)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
In connection with an investigation into federal healthcare offenses, the Respondents, Dr Bailey and a professional healthcare association, were served with four subpoenas from the United States Attorney for the Western District of Virginia as authorized under 18 U.S.C. § 3486. The subpoenas required, among other things, the production of patient medical records. Section 3486(e)(1) …Read more
Multnomah County Medical Society v. Scott
Country: United StatesYear: 1987
Court: 9th Circuit Court of Appeals
Citation: 825 F.2d 1410 (1987)
Health Topics: Health information, Health systems and financing
Human Rights: Right to privacy
The Multnomah County Medical Society (the Medical Society) filed an action under § 552 of the Freedom of Information Act 1966 (FOIA) to compel James Scott, the deputy administrator of the Health Care Financing Administration (HCFA) tasked with the administration of the State Medicare program, to disclose the names and addresses of all Medicare beneficiaries …Read more
Whalen v. Roe
Country: United StatesYear: 1977
Court: Supreme Court
Citation: 429 U.S. 589 (1977)
Health Topics: Controlled substances, Health information
Human Rights: Right to privacy
The Respondents, a group of individual patients, doctors and physician associations, challenged the constitutionality of the New York State Controlled Substances Act of 1972 (‘Act’). Certain provisions of the Act required that all prescriptions for Schedule II drugs (dangerous but permissible medication) be prepared by the physician in triplicate on an official form.The completed form …Read more