Whalen v. Roe

In Whalen v. Roe (1977) 429 U.S. 589, a group of patients and physicians, among others, challenged the constitutionality of a New York statutory scheme requiring physicians to forward records of prescriptions for schedule II drugs, which contained detailed patient information, to a centralized database maintained by that state's department of health. (Id. at pp. 593-595.) Although, public disclosure of the identity of the patient was prohibited under New York law, certain state regulatory employees and personnel responsible for investigating violations of that state's controlled substance statutes were afforded access to that information. (Id. at pp. 594-595.) After finding that the statute furthered the state's "vital interest in controlling the distribution of dangerous drugs," the court concluded that the challenged statutory scheme, by mandating the disclosure of the prescription information to representatives of the state having responsibility for the health and welfare of the community, did not create an impermissible invasion of privacy. (Id. at pp. 603-604.)