Amid mounting reports of warrantless surveillance undertaken by the federal government, House Republicans last night defeated an effort by Congressman Jerrold Nadler to protect Americans’ medical records from unnecessary searches. The amendment to the Science, State, Justice, and Commerce Appropriations Act would have prohibited any funding for National Security Letters issued to health insurance companies.
National Security Letters (NSLs), self-authorizing search requests issues by mid-level FBI agents, require recipients to hand over the desired information—in secret, without question, and without the authorization even of a FISA judge.
“At a time when the executive branch is trawling our phone records and bank transactions with abandon, it’s time this Congress took steps to restore some balance to surveillance in this country, especially when it comes to such personal information,” Congressman Nadler said. “If the FBI needs access to medical records to hunt down terrorists, then I would want those records turned over—but so would a judge. The FISA court exists just for that purpose: to authorize legitimate requests for secret searches.
“But if law enforcement officials don’t have enough of a case to pass muster before a FISA judge, then the request is probably superfluous, and the use of an NSL is inappropriate. Medical records are highly personal, and their confidentiality is a critical consumer and employee protection. These files shouldn’t be tossed around for no reason.”