ABSTRACT

Law enforcement agencies and judicial bodies have various powers to compel the disclosure of medical records for the purpose of criminal investigations and legal proceedings. Although some of these disclosures may benefit patients, and may even be at their request, they often will be strongly resisted. In such situations, a conflict emerges between patients' right to privacy and the need to ensure that justice is not frustrated through lack of relevant information. Where should the line be drawn between access and privacy in legal proceedings?