A legal structure for a national medical data center

Increasingly, medical professionals are concluding that a computerized national center to contain medical records of all persons has significant medical advantages. Moreover, such a project seems to be becoming technically feasible. However, uncertainty about the adequacy of physical and legal protections of the privacy of the stored data (and the related compatibility of the system with the Fifth Amendment bar to involuntary self-incrimination) appears to be the major stumbling block at this time. Study of that aspect reveals that it is possible to achieve a level of privacy and an observance of Constitutional requirements that are entirely satisfactory on an absolute basis and especially in light of both the great social benefits in store and the degree of protection customary for the particular information involved. This article provides a blueprint of the types of legal inhibitions that should be sufficient for the purpose in view of technical measures available.

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