Planned Parenthood and the right to privacy

Last May, someone in the community of Storm Lake, Iowa, abandoned a newborn that was discovered, dead, at a city sanitation facility. Now, the private medical records – and names and addresses – of every woman who had a positive pregnancy test in area health centers have been subpoenaed. Every woman. This invasion of medical privacy is predicated on the “right” to scrutinize the health records of women who share attributes with someone who has committed a crime. In this case, the attributes are gender and pregnancy.

Maggie Gallagher’s Aug. 28 commentary referring to this sad case was awash in oversimplification and misinformation. Gallagher’s naive notion that Storm Lake women just need to “deal with sexual embarrassment” for the sake of a criminal investigation fails to acknowledge that this is, in fact, a precedent-setting controversy headed to the Iowa Supreme Court. In agreeing to review the case, the Court has recognized the grave risk to the fundamental right of medical privacy posed by this misguided effort to solve a tragic crime.

The Planned Parenthood health center in that community (which, by the way, does not provide abortion services) has refused to comply on grounds of protecting medical confidentially. They’ve steadfastly refused to subject all of their patients to a criminal investigation merely because they sought health services. And they’ve been completely willing to cooperate if law enforcement would come forward with a named suspect or suspects. There is no evidence, however, that the woman in question ever visited Planned Parenthood – or any health facility. In fact, women who abandon infants are the least likely of all women to have sought any kind of medical care during their pregnancy, including pregnancy testing.

Gallagher note that prosecutors were not interested in embarrassing or harassing women. But the fact is, since this case has hit the media and the courts, pregnancy tests at the Storm Lake Planned Parenthood health center have dropped by more than 70 percent. Evidence that when the sacred trust of confidentiality between health care provider and patient is broken, not only are privacy rights eroded, but women are also discouraged from seeking important medical care.

The American Nurses Association and the Iowa Nurses Association know this. They’ve filed an amicus brief in the case of Planned Parenthood of Greater Iowa vs. the Iowa District Court for Buena Vista County, stating “the overly broad scope and questionable relevance of the subpoenaed medical records cannot outweigh a patient’s expectation that the most intimate details of her health will be kept confidential.” Instilling fear in those needing reproductive health care only adds to the difficulty of dealing appropriately and responsibly with sexual behavior.

This situation can and should be seen as a wake-up call regarding unmet sexual and reproductive health and education needs. And it is a clarion call for every American who wants and expects medical privacy. We should all be concerned about this inquisition into the private lives of Iowa women and teens.

Stephanie Walstedt, RNC, NP is the regional manager of Planned Parenthood of Northern New England.