United States: Inmates’ Rights To Medical Privacy Protected Via Recent Court Opinion

The Third Circuit Court of Appeals has recently held that the Fourteenth Amendment protects an inmate’s right to medical privacy subject to legitimate penological interest. This July 19, 2001 decision of the Third Circuit, the federal appellate court governing Pennsylvania, clarifies and now directly recognizes that an inmate does have a right to privacy in his medical information, similar to the right that any free citizen holds. While there is a conflict among courts on this issue, the Third Circuit governing Pennsylvania federal courts makes it clear that in a case in Pennsylvania federal court, medical information is of such a personal nature that an individual has an interest in protecting dissemination of that information.

This decision, Doe v. Delie, No. 99-3019, July 19, 2001 (3^rd Cir.), dealt with an HIV-positive status inmate whose medical condition was revealed to other inmates and staff by prison officials. After being examined in a medical room with the door open, having the names of his medications identified aloud in the presence of others, and having his medical condition disclosed to correctional officers who escorted the plaintiff to and from medical treatment, inmate Doe alleged that his constitutional right of privacy was violated. Without addressing whether there were legitimate penological interests to permit disclosure by the defendants, the court indicated that the fundamental right to privacy of medical information existed. The court recognized this right exits for free citizens and then had to evaluate if incarcerated individuals were entitled to the same right. However, because that right had not been clearly established at the time that the action by the HIV-positive inmate was filed, the inmate was unable to recover against prison officials for disclosing his medical status. This opinion, however, makes clear for the future that the medical status of inmates must be kept confidential and policies must exist which prevent the disclosure of medical information absent legitimate penological reasons.

State law also requires confidentiality of certain medical information including HIV related data. A private cause of action in state court could be brought if, for example, an HIV-positive status inmate sued for breach of confidentiality of his medical condition under the Pennsylvania state law. See, Pennsylvania Confidentiality of HIV-Related Information Act, 35 P.S. § 7603 (1991). However, a federal cause of action alleging a constitutional violation for the disclosure would have different scrutiny and would be subject to the Third Circuit’s holding.

Based on this existing law, prison officials should ensure that policies and practices exist to keep confidential medical information on inmates, subject to any serious safety or security concerns. Ensuring that medical records are kept in a secure location subject to review only by proper personnel would be a good starting point. Instructing medical personnel, including any correctional staff who serve in medical roles, to keep information about medical conditions confidential is also important. Having medication distribution occur in a setting or manner which does not invite the opportunity for others to learn through prison personnel of the types of medication being taken by a particular inmate would also be a good practice.

Being aware of the important right to privacy of medical information in conducting medical related practices in the prison setting can provide a solid basis for avoidance of liability for constitutional violations.