Prescription drug fight goes before appeals court

So-called data-mining companies that collect information about the drugs doctors prescribe asked an appeals court Tuesday to stop Vermont from enacting a law next week restricting their work.

Attorney Thomas Julin told a three-judge panel of the 2nd U.S. Circuit Court of Appeals that it would violate the First Amendment rights of the companies if the law is enacted on July 1.

He asked the appeals court to block implementation of the law until it decides whether to uphold a lower court ruling that concluded the law did not violate the Constitution. Both sides were expected to submit written arguments in the wider appeal case within two months.

Read more from the Associated Press.

Am I the only one who’s troubled that a company’s First Amendment rights would trump an individual’s right to privacy? Or at least that’s how this case seems to me.

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  1. Anonymous - June 24, 2009

    It is possible, and highly likely that your employer is aware of the prescription medications you are taking and the health condition associated with the medication. Even though there are confidentially laws in place to protect you, these laws are rarely enforced, as it is difficult to prove that an employer is using this information inappropriately or that an employment decision has been made based on a health condition. The only real way to guard your privacy is to not use the companies Rx plan to purchase medications for questionable or embarrassing conditions.

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