information that is… more deserving of Fourth Amendment protection,” Haggerty said. “By obtaining the prescription records for individuals like John Does 2 and 4, a person would know that they have used testosterone in particular quantities and by extension, that they have gender identity disorder and are treating it through hormone therapy.
“Although there is not an absolute right to privacy in prescription information… it is more than reasonable for patients to believe that law enforcement agencies will not have unfettered access to their records,” he added.
The Obama administration disagrees, and argues that since the records have already been submitted to a third party (Oregon’s PDMP) that patients no longer enjoy an expectation of privacy.
In an affidavit, one of the plaintiffs said he already faces difficulty obtaining the injectible testosterone he’s required to take and that “increased scrutiny by law enforcement, including the DEA, erects another obstacle to obtaining treatment.”
“I would be fearful of being investigated or harassed without reason,” he testified. “I would feel like I was constantly looking over my shoulder.”
Last year, after the charges against Marlon Jones were dropped, a Utah senator introduced a bill that would require police to obtain a warrant to search the database.