WHALEN V. ROE
429 U.S. 589 (1977)
NATURE OF THE CASE: This was a dispute over whether the State of New York may record, in
a centralized computer file, the names and addresses of all persons who have obtained,
pursuant to a doctor's prescription, certain drugs for which there is both a lawful and an
unlawful market.
FACTS: An Act required that all prescriptions for Schedule II drugs be forwarded to the
New York State Department of Health. When the State got information it input all the data
into computers. The receiving room is surrounded by a locked wire fence and protected by an
alarm system. The computer tapes containing the prescription data are kept in a locked
cabinet. When the tapes are used, the computer is run 'off-line,' which means that no
terminal outside of the computer room can read or record any information. Public disclosure
of the identity of patients is expressly prohibited by the statute and by a Department of
Health regulation. This litigation was commenced by a group of patients regularly receiving
prescriptions for Schedule II drugs, by doctors who prescribe such drugs, and by two
associations of physicians. The District Court held that 'the doctor-patient relationship is
one of the zones of privacy accorded constitutional protection,' and that the patient
identification provisions of the Act invaded this zone with 'a needlessly broad sweep,' and
enjoined enforcement of the provisions of the Act which deal with the reporting of patients'
names and addresses. The District Court enjoined enforcement on a violation of
constitutionally protected rights of privacy.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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