Doe v. Southeastern Pennsylvania Transportation Authority

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Doe v. Southeastern Pennsylvania Transportation Authority, decided on December 28, 1995, was a case heard in the United States Court of Appeals for the Third Circuit. The issue before the court was whether there was a conditional right to privacy in prescription drug records. The court held that medical records, prescription drug records, and an individual's HIV status are constitutionally protected, but set aside the verdict where the opposing party established a legitimate purpose in accessing that information.

United States Court of Appeals for the Third Circuit

The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:

HIV human retrovirus, cause of AIDS

The human immunodeficiency viruses (HIV) are two species of Lentivirus that causes HIV infection and over time acquired immunodeficiency syndrome (AIDS). AIDS is a condition in humans in which progressive failure of the immune system allows life-threatening opportunistic infections and cancers to thrive. Without treatment, average survival time after infection with HIV is estimated to be 9 to 11 years, depending on the HIV subtype. In most cases, HIV is a sexually transmitted infection and occurs by contact with or transfer of blood, pre-ejaculate, semen, and vaginal fluids. Non-sexual transmission can occur from an infected mother to her infant during pregnancy, during childbirth by exposure to her blood or vaginal fluid, and through breast milk. Within these bodily fluids, HIV is present as both free virus particles and virus within infected immune cells.

Contents

Facts of the case

John Doe was an employee for the Southeastern Pennsylvania Transportation Authority SEPTA who had contracted Acquired Immunodeficiency Syndrome HIV/AIDS. Judith Pierce was the chief administrative officer for SEPTA who managed the costs of SEPTA's employee prescription drug program. This program was part of an insurance package offered to SEPTA employees. SEPTA had entered into a new prescription plan with Rite Aid, which provided Pierce with reports that included the names of the employees, linking them with the prescriptions they were filling.

SEPTA organization operating a transportation system in and around Philadelphia, Pennsylvania

The Southeastern Pennsylvania Transportation Authority (SEPTA) is a regional public transportation authority that operates bus, rapid transit, commuter rail, light rail, and electric trolleybus services for nearly 4 million people in five counties in and around Philadelphia, Pennsylvania. It also manages projects that maintain, replace and expand its infrastructure, facilities and vehicles.

HIV/AIDS Spectrum of conditions caused by HIV infection

Human immunodeficiency virus infection and acquired immune deficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV). Following initial infection, a person may not notice any symptoms or may experience a brief period of influenza-like illness. Typically, this is followed by a prolonged period with no symptoms. As the infection progresses, it interferes more with the immune system, increasing the risk of developing common infections such as tuberculosis, as well as other opportunistic infections, and tumors that rarely affect people who have uncompromised immune systems. These late symptoms of infection are referred to as acquired immunodeficiency syndrome (AIDS). This stage is often also associated with unintended weight loss.

Rite Aid drugstore chain

Rite Aid Corporation is a drugstore chain in the United States. The company ranked No. 94 in the 2018 Fortune 500 list of the largest United States corporations by total revenue. It is headquartered in Camp Hill, East Pennsboro Township, Cumberland County, Pennsylvania, near Harrisburg. Rite Aid is the largest drugstore chain on the East Coast and the third largest in the U.S.

Doe was currently taking various prescriptions, including Retrovir, to treat his condition. Due to the delicate nature of his disease, Doe expressed concern about maintaining the secrecy of his condition. He revealed his AIDS status to Dr. Richard Press, the head of SEPTA's medical department, who in turn assured him that employee names were not typically linked to the list of prescriptions reviewed.

Because of the new reports, Pierce was able to link the drugs Doe took to his name, and deduced his condition as a result. Doe became aware of this breach of his privacy, and brought this action, claiming he felt ostracized at work.

Westinghouse factors

To determine whether this given disclosure constituted an actionable invasion of privacy, the court relied on the factors enumerated in United States v. Westinghouse Elec. Corp.

  1. Type of Record Requested
  2. The Information the Record Actually Does or May Contain
  3. The Potential for Harm in Any Subsequent Non-Consentual Disclosure
  4. The Injury From Disclosure to the Relationship in Which the Record Was Generated
  5. The Adequacy of Safeguards to Prevent Unauthorized Disclosure
  6. The Degree of Need for Access
  7. Whether There Is An Express Statutory Mandate, Articulated Public Policy, or Other Recognizable Public Interests Favoring Access

Holding

After weighing each of these factors, the court held:

A self-insured employer's need to access to employee prescription records under its health insurance plan, when the information disclosed is only for the purpose of monitoring the plans by those with a need to know, outweighs an employee's interest in keeping his prescription drug purchases confidential. Such minimal intrusion, although an impingement on privacy, is insufficient to constitute a constitutional violation. [1]

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References

  1. Doe v. Southeastern Pennsylvania Transportation Authority 72 F.3d 1133, 1143 (3d Cir. 1995).