Findings of a congressional inquiry raise privacy concerns as some states seek to criminalize abortion.
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    11 months ago

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    Though some of the chains require their lawyers to review law enforcement requests, three of the largest — CVS Health, Kroger and Rite Aid, with a combined 60,000 locations nationwide — said they allow pharmacy staff members to hand over customers’ medical records in the store.

    The policy was revealed in a letter sent late Monday to Xavier Becerra, the secretary of the Department of Health and Human Services, by Sen. Ron Wyden (D-Ore.) and Reps. Pramila Jayapal (D-Wash.) and Sara Jacobs (D-Calif.).

    Pharmacies’ records hold some of the most intimate details of their customers’ personal lives, including years-old medical conditions and the prescriptions they take for mental health and birth control.

    Carly Zubrzycki, an associate professor at the University of Connecticut law school, wrote last year that this could link a person’s out-of-state medical care via a “digital trail” back to their home state.

    “We have suggested a warrant or judge-issued subpoena requirement be considered and we look forward to working cooperatively with Congress to strengthen patient privacy protections,” company spokeswoman Amy Thibault said.

    The lawmakers noted that the tech industry had adopted a similar change in the early 2010s, when Google, Microsoft and Yahoo began demanding to see warrants before providing data on customers’ emails.

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