Friday, February 03, 2006

guess we still have some rights - for now

Kan. Court Blocks Abortion Records' Access
TOPEKA, Kan. - The state's highest court on Friday temporarily stopped the state attorney general from looking at records from two abortion clinics, saying such a review could violate patient privacy.

The Kansas Supreme Court ordered a lower court judge to first make sure that Attorney General Phill Kline has the right to see the documents in his investigation of potential violations of state restrictions on abortion and suspected rapes of children.

If Judge Richard Anderson determines Kline does have that right, he must still ensure that the patients' privacy is protected, the court said.
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The Supreme Court said the subpoenas could infringe on the patients' rights to maintain privacy about personal and sexual matters, to receive confidential health care and to obtain a lawful abortion without an undue governmental burden.

Writing for the court, Justice Carol Beier agreed with Kline that the state needs to pursue criminal investigations, but said "the type of information sought by the state here could hardly be more sensitive, or the potential harm to patient privacy posed by disclosure more substantial."

Kline spokesman Jan Lunsford said the attorney general's office was still reviewing the ruling and could not yet comment.

Peter Brownlie, Planned Parenthood's chief executive officer, called it "a significant victory for us and our patients and for women being freely able to access health care when they need to."

"It clearly indicates that Attorney General Kline overreached in his effort to get at abortion providers," he said.


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This seems like an open-and-shut common sense right to privacy issue. I can't even imagine releasing these records.