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17, 2016 12:20 a.m. Updated: 6 hours ago Leave a comment The Drug Enforcement Administration wants to have automatic access to records of what medical prescriptions youve obtained from your doctor if the drugs are categorized as controlled substances. Utah law requires that law enforcement agents obtain a search warrant for that information, though the DEA has gone to court to argue it should be exempt from that requirement. The American Civil Liberties Union has joined the case on the side of the state in a proceeding that could end up setting or advancing legal precedent in what essentially is an argument about whether fighting the plague of prescription drug abuse justifies weakening personal privacy protections under the U.S. Constitution. On that question, the correct answer is clearly the one embraced by the state of Utah and the ACLU. Drug agents should be in a position to thoroughly investigate evidence of over-prescription and the diversion of drugs for trafficking, but they should have to follow the rules that apply to all agencies that seek to explore personal information protected under privacy laws. Forty states have databases that track prescriptions, but Utah passed a law last year requiring law enforcement to obtain a warrant to look at specific data amassed here. The DEA thinks it should be exempt from that rule because it is a federal agency. That argument doesnt hold water. The ACLU has properly intervened on the side of citizens whose digital medicine cabinet would be open to the DEA and who knows what other agencies that might proclaim interest in the records.
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