This Note will discuss the need for the Supreme Court to revisit the confidentiality issue, and more importantly, the need for a determination that individuals hold a privacy interest in personal, identifiable health and medical information. First, this Note will define ”medical records” and delineate when their nonconsensual disclosure implicates privacy interests of both the Fourth and Fourteenth Amendments. Second, this Note will trace the origins of the right to privacy and the Supreme Court’s recognition of this right despite the lack of an express guarantee in the U.S. Constitution. Finally, this Note will recommend the implementation of a more stringent standard of review in the area of medical records and personal health information to safeguard privacy interests against unwarranted government intrusion. . . .
