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I agree that medical records deserve more privacy but the police are utilizing subpoenas. Most of these companies are complying as the cost to review and challe
by magicmicah85 3y ago
I agree that medical records deserve more privacy but the police are utilizing subpoenas. Most of these companies are complying as the cost to review and challenge each subpoena will add up. It’s not worth eating into their profits and current law allows them to do this. I wouldn’t expect them not to utilize every legal tool at their disposal.
- eli 3y agoThe legal standard for a subpoena from a federal agency is "reasonably relevant to an authorized investigation." As determined by the agency itself. That's an incredibly low bar. And if pharmacies respond to subpoena without even having a lawyer review them first, there really isn't anything to stop requests that fall below this low standard.
- ssss11 3y agoYeah that sounds like a free-for-all.
- qingcharles 3y agoA subpoena is a court order, and the only way to challenge it would be to go in front of a judge, at which point you could potentially risk criminal contempt charges for not complying in the first place. Hobson's choice :(
- dragonwriter 3y ago> A subpoena is a court order, and the only way to challenge it would be to go in front of a judge, at which point you could potentially risk criminal contempt charges for not complying in the first place. There may be some special authority subpoenas where things are different, but generally, no, immediately filing a motion to quash instead of complying with a subpoena will not make you subject to any sanctions for not complying up front.
- qingcharles 3y agoWhat if you simply filed a facially frivolous Motion to Quash?