Whalen v. Roe

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[Category:Privacy]] Whalen v. Roe

429 U.S. 589 (1977)

Docket Number: 75-839

Decided: February 22, 1977

Argued: October 13, 1976

Facts of the Case

In 1972, the state legislature enacted the New York State Controlled Substances Act. The Act required doctors to fill out forms for potentially harmful prescription drugs. The prescribing doctor kept one copy, while another copy was sent to the dispensing pharmacy and a third copy was sent to the state department of health. The forms included personal information such as the patient's name, address, and age.

Question Presented

Did the reporting and record-keeping requirements violate the constitutional right to privacy embraced by the concept of liberty under the Fourteenth Amendment?

Conclusion

The Court held that the requirements of the Act did not on its face violate a "constitutionally protected 'zone of privacy.'" The Court found that the statutory scheme evidenced "a proper concern with, and protection of, the individual's interest in privacy" and that the "remote possibility" of potential abuses of data accumulation and disclosure were not sufficient to establish an invasion of any rights or liberties protected by the Fourteenth Amendment.

References

  1. Full text of the decision on Case Law's website [1]
  2. Original Source - www.oyez.net [2]