Liberty News Online
John W. Wallace
What are the American people going to do when Julian Assange of Wiki-Leaks decides, at some time in the future, to release the computerized confidential medical records of all Americans that have been obtained from a disgruntled employee of the new federal government’s central medical database?
Of course, the HEADLINE OF THIS ARTICLE IS NOT TRUE, but it could happen if the Obama administration’s unconstitutional Health-Care law is fully implemented, which requires the confidential medical records of all Americans to be placed in a nationwide federal database.
Don’t you feel confident that the information in that centralized medical database would be as secure as:
1. the half a million classified national security documents that were recently stolen and posted on the WikiLeaks website, or
2. the lost government computers containing social security numbers of American citizens and veteran’s personal information, or
3. the TSA’s nude photos of airline passengers appearing on the internet?
The main question to be answered is: “Does the federal government have the constitutional authority to know anything about your personal medical history? Of course the answer is a resounding NO! They do not have the constitutional authority.
Unfortunately, if the Obama administration’s Health-Care law is fully implemented, it will be a major, unconstitutional assault on your personal privacy in a number of ways. The socialists in our government will have achieved their long-cherished goals of:
1. issuing every American a national (medical) I.D. card,
2. obtain a direct channel into your bank account by the IRS, and
3. make sure your confidential medical records are fully computerized and available to all "authorities" in a secure centralized federal database.
Although I agree that some level of computerization of medical records have some advantages for medical use at the local level, the rules contained in the Obama administration’s health-care overhaul law create very weak protections against anyone of “authority” in the federal government who wants to see the records.
Who would want to see your records and who would have access to them? The FBI, the IRS, Homeland Security agents, most federal agencies, health insurance companies, or even disaffected federal employees like U.S. Army Private Bradley Manning, who with unfettered access to the centralized medical records database records, could give or sell the confidential medical records of all Americans to data thieves, marketing companies or even to Julian Assange of WikiLeaks.
Given the well documented inefficiency with which our federal government does anything, I think it is safe to predict that mistakes from faulty data entries, loss medical records, mis-entered ID numbers, “down” computers, could lead to drastic and life-threatening medical problems or wrong medications being given to many patients.
Over time, many other people and organizations could end up with your personal, confidential information through lost government computers, accidental leaks, or by the illegal sales of medical information to advertisers or criminals by corrupt bureaucrats. To top it off, these same federal bureaucrats would most likely give you bureaucratic grief when you try to access your own records, while all "authorities" will be given an unencumbered access to them.
Thank God that U.S. District Court Judge Henry Hudson in Richmond, Virginia, said recently that the mandate on individuals in President Barack Obama’s health-care legislation goes beyond Congress’s constitution powers to regulate interstate commerce.
Judge Hudson severed the issue of the mandate, which is set to become effective in 2014, and didn’t address other provisions such as expanding Medicaid or the collection of personal medical records in a nationwide database.
“At its core, this dispute is not simply about regulating the business of insurance -- or crafting a scheme of universal health insurance coverage -- it’s about an individual’s right to choose to participate,” wrote Hudson.
The ruling is the government’s first loss in a series of challenges to the law mounted in federal courts in Virginia, Michigan and Florida, where 20 states have joined an effort to have the statute thrown out. Constitutional scholars said unless Congress changes the law, its fate on appeal will probably be determined by the U.S. Supreme Court.
Let’s hope that the U.S. Supreme Court eventually rules that the Barack Obama’s health-care legislation is unconstitutional. The American people must also be relentless in telling their elected representatives that they want this bill repealed as quickly as possible as it is an unconstitutional attack on our individual Liberty.